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(영문) 광주지방법원 2017.11.16 2017고단4019

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2017, the Defendant wishes to supply alcoholic beverages in D to the employees of the victim limited liability company D, who are in the name and influence of “C” located in Gwangju Northern-gu B.

Under this condition, the loan of KRW 20 million will be divided in the future and a certain amount will be changed on the 10th of each month.

“.....”

However, in fact, the defendant should close the door due to the lack of circumstances on May 2017, and there was no supply of alcoholic beverages, and even if he borrowed money from the injured party, he did not have the intention or ability to pay the money.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the transfer of KRW 20 million from the victim to the account in the E name on the same day from the victim; and (c) obtained the transfer of KRW 20 million under the condition of liquor supply.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer regarding the accused and E;

1. Statement of the police statement related to G;

1. Process certificates, money borrowed certificates, and inquiries about the results of each transfer, and verification of the closure of business;

1. Application of investigative reports (related to inquiry into suspect A credit information) and accompanying statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] and the reason for sentencing under Article 62-2 of the Social Service Order Act [Article 62-2] There are no basic areas (from June to one year and six months) [the person subject to special sentencing] [decision of sentence] [the decision of sentence] the following circumstances and the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing specified in the argument of this case shall be determined as the disposition.

Unfavorable circumstances: The amount of fraud is not much.

There was no agreement with the victim on the recovery of damage or damage.

The favorable circumstances: The confession has been made in depth and the mistake has been divided.

In order to pay damages, 1.5 million won was paid.