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(영문) 광주지방법원 2015.06.24 2015고단1496

사기

Text

The punishment of the accused shall be determined by six months of imprisonment.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

At around 22:00 on September 1, 2014, the Defendant stated that “The victim B (n), who is 28 years of age, is urgently required to pay money,” as a mobile phone, “on October 1, 200, an installment savings with a maturity exceeding KRW 40 million,000,000,000,000,000,000 should be paid with the money.”

However, the Defendant did not hold the above installment savings, and did not have any capacity or intent to pay the said savings even if he borrowed money from the victim, such as paying 8 million won to others, and making most of the borrowed money in a screen race track.

On September 1, 2014, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Gwangju Bank account (Account Number: D) in the name of C on September 1, 2014, from October 14, 2014, by remitting KRW 37.8 million in total to the Gwangju Bank account in the name of C from October 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the Acts and subordinate statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing of Articles 26(1) and 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (this case’s application for compensation was filed after the closing of argument and is illegal)

1. The scope of the sentencing guidelines for sentencing [the determination of types of recommendations] the scope of the general fraud [the determination of the recommended area] the basic area [the scope of recommendations] 6 months to 1 year and 6 months [the scope of the recommended area] - the use of personal trust relationship as a motive for committing a crime that may criticize aggravated factors;

2. as to whether to suspend the execution - Major reasons for major participation: negative unagreement - Major reasons for major participation: if the positive damage is considerably small, - there is no effort to recover from damage to the motive of crime that might be negative.