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(영문) 광주지방법원 2016.02.17 2015고단5139
사기
Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 15, 2014, the Defendant made an investment of KRW 250,000,000 in the housing site in Gwangju Mine District, “The Defendant is a real estate owned by the Gwangju Mine District D apartment, which is currently living in, and the amount of KRW 30,000,000,000,000 to B, the Defendant would pay the amount of KRW 44,000.

“.......”

However, in fact, the Defendant did not have invested KRW 250,000,000 in the cash gas cover, and the said D apartment house living by the Defendant was also leased and resided in the house, and there was no intention or ability to repay even if he borrowed money from the injured party, since the Defendant was in a situation where he was responsible for the debt of KRW 100,000,000.

On September 15, 2014, the Defendant, by deceiving the victim as above, received the total sum of KRW 15 million from the Gwangju Bank Account (Account Number: E) and the National Bank Account (Account Number:F) in the name of the Defendant on September 15, 2014 from the victim, and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines for sentencing [the type of determination] the scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area of Class 1 (a00 million won or less) [the determination of the territory of recommendation] [the scope of the recommendation] [the scope of the punishment] 6 months to one year and 6 months [the general sentencing person] - the use of personal trust relationship

2. Whether to add a stay of execution or not - Major reasons for special consideration : Unfavorable agreements - Major reasons for special consideration - Where positive losses are considerably small: There is no previous convictions of positive suspension of execution or more.

3. Six months (two years of suspended execution) of imprisonment with prison labor sentenced to a sentence;

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