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(영문) 광주지방법원 2016.09.28 2016고단3279
사기
Text

The sentence against the accused shall be determined by a fine of one million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On April 5, 2016, the Defendant, at the Defendant’s house located in Gwangju Mine-gu D, 306 Dong 310, 306-dong 310, sent the Defendant’s attitude by making a false statement to the effect that “one Starbucks or buckers sold her her her her her her her her her her her her his her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

However, even if the Defendant did not sell a tampler to the victim and received money from the victim, the Defendant could not send a tamper to the victim.

On April 5, 2016, the Defendant received 54,000 won from the injured party to the bank account of the Defendant’s name on April 5, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. AC's statement;

1. A copy of a certificate of confirmation;

1. Application of statutes to a copy of a certificate of deposit transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) considering the character and conduct of the defendant, the environment, the circumstances of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in light of all the sentencing conditions shown in the pleadings in the instant case.

The circumstances that are disadvantageous: The crime motive is not good due to the fraud of another person's money in order to raise money for gambling: the circumstances that are favorable to the fact that the defendant's gambling addiction was one of the causes that led to the crime of this case, the damage is not significant; the damage was fully repaid by the defendant, and the damage was not punished by the defendant; the defendant led to the confession of the crime and gambling addiction.

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