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(영문) 광주지방법원 2017.11.23 2017고단3293
사기
Text

A defendant shall be punished by imprisonment for six 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 February 26, 2016, the Defendant stated to the effect that “A director of the victim C corporation will increase the amount of the corporation card by requesting the former branch E from the former branch of the Gwangju Bank to make use of the corporation card” at the former branch of the Gwangju Bank located in 97-98, Gwangju Northern-dong, Gwangju-dong, and instead, E will be liable for paying the amount of money to require E to pay 10 million won and to pay it after two months.”

However, the defendant was the personal purpose of using the borrowed money, and even if it was not fixed income at the time of the next loan, there was no intention or ability to pay the borrowed money after two months.

Nevertheless, as above, the defendant deceivingd directors of the victim company, and was issued gift certificates to the department store in a lot amounting to KRW 10 million in the name of the victim company as the borrowed money from the victim company.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, E, or D;

1. The application of Acts and subordinate statutes to the details of transactions of passbooks attached to a reply to a request for cooperation in investigation, a report on investigation (attached to the details of transactions of passbooks for suspect) and a report on investigation (attached to the details of use of cards byC corporation) and the details of use of card of the corporation attached

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / None (6 months to one year and six months) (special sentencing sentencing person) [decision of sentence] / The sentence shall be determined as ordered in consideration of the following circumstances and the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the circumstances constituting the conditions for sentencing as shown in the argument of this case.

Unfavorable circumstances: Details of the crime and the circumstances after the crime (or attempted to conceal the crime) are bad.

It has been punished four times for fraud.

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