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(영문) 광주지방법원 순천지원 2016.05.26 2015고단2543
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 15, 2015, the Defendant was in arrears with the Defendant’s loaning money to the Defendant C at the Internet Mesenger’s communication at a place where the Defendant was in an irregular place.

In order to pay interest, a false statement was made that “a loan was made in money.”

However, the defendant did not receive a loan under his own name at the father hospital's expense, and he thought that he borrowed the above money from the victim to use it as entertainment expenses.

Accordingly, the Defendant, as such, by deceiving the said victim, received KRW 600,000 from the victim, to the Agricultural Cooperative Account (Account Number: D) in the name of A on February 15, 2015, and received KRW 36,643,100 in total from May 4, 2015, from around 10 times, as indicated in the separate crime list, from around May 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. The details of each remittance and the application of Acts and subordinate statutes on dialogue;

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. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code for the punishment of concurrent crimes is that the defendant deceivings the victim who has a relationship with him/her over several times, thereby deceiving him/her, and the content of the deception is also very poor.

Damage of the victim was not completely recovered.

However, the defendant is against the defendant and the defendant has no criminal records of imprisonment without prison labor or more severe punishment shall be determined as ordered by considering the circumstances.

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