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(영문) 광주지방법원 2018.11.29 2018고단2262
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 26, 2016, the Defendant would sell golf loans to the victim E from the frequency of D, which is located in macro-city C on April 26, 2016, and have to pay a profit to the victim E.

“...”

However, even if the defendant receives money from the injured party, he did not have any intention or ability to use golf loans or to repay the borrowed money.

Nevertheless, the Defendant, as seen above, received KRW 3 million from the victim to the Nong Bank account (Account Number: G) in the name of F on the same day from the victim, and acquired KRW 2,564,00 from the victims up to December 21, 2016 through the victim’s total sum of KRW 2,564,00,000 from the victim from December 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to H, I, J, K, E, or L;

1. A deposit transaction statement (F) and each financial transaction statement (no name, regardless of the name of the documents showing the details of remittance of the amount of damage inflicted by the victims);

1. Application of investigation reports (review, etc. of details of transactions with the FF Nonghyup Account) and investigation reports (Submission of a detailed statement of passbook E, the complainant), and statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The crime is not good because it is a golf instructor with the reason of sentencing in Article 62-2 of the Criminal Code of the community service order, which uses the trust of the victims who are students, and obtains money from many victims under the name of golf loan business or golf loan business.

However, it is the first offender who had no criminal history prior to the instant case, the fact that part of monthly revenue continued to have been repaid to the victim L, K, and J, and that the remainder victims have been repaid of the damage, and the other victims' age, sexual behavior, environment, etc.

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