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(영문) 광주지방법원 2015.05.13 2015고단883
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 8, 2012, the Defendant made a false statement to the victim C, stating that “A victim shall pay KRW 5 million to the victim after one month if he/she borrowed from the vehicle to the vehicle purchase cost” from the victim C’s house located in D at D, Suh-si.

However, since the defendant had no particular property at the time and has paid 35 million won personal debts, such as bonds, etc., even if he borrowed money from the victim, he did not have any intent or ability to pay it.

As above, the Defendant, by deceiving the victim as above, received the remittance of KRW 5 million under the name of the money borrowed on the same day.

2. On September 20, 2012, the criminal defendant against the victim E made a false statement to the victim E’s house located in F at the time of credit, stating that “The victim will repay the purchase cost of chickens three months after lending it to the victim.”

However, since the defendant had no particular property at the time and has paid 40 million won personal debt, such as bonds, etc., even if he borrowed money from the victim, he did not have any intent or ability to repay it.

As above, the Defendant, by deceiving the victim as above, obtained a bill of the cashier's checks of KRW 10 million on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes to a copy of passbook or loan certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the amount of damage, the fact that the defendant was "E," the defendant agreed with E, the fact that there was no record of criminal punishment except other fraudulent crimes committed by the defendant during the commission of the crime of this case, the circumstances of the crime of this case, etc.) of the sentencing guidelines under Article 62(1) of the Criminal Code, the recommended type 1 of the crime [the scope of recommendation] general fraud.

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