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(영문) 광주지방법원 2017.07.20 2017고단2054
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Majority Relationship] On March 29, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud, etc. at the Gwangju District Court, which became final and conclusive on June 15, 2013.

[Criminal facts] On February 10, 2012, the Defendant purchased D shares with loans from the mutual influence room located in Gwangju Seo-gu, Gwangju, to the victim C.

3.14.Assigning dividends of 20 million won.

“.....”

However, at the time, the Defendant did not have a certain occupation, and there was no property or income while working in D, and there was no intention or ability to allow the Defendant to use the purchase price of stocks for other purposes, such as living expenses, etc. from the injured party, even if he was paid the purchase price of stocks from the injured party.

Nevertheless, the defendant deceiving the victim and received five million won from the victim for the same day as the purchase price of the shares on the same day from March 5, 2012, and deceiving three victims, such as the list of crimes in the annexed list of crimes, from March 5, 2012, and was issued by the victims totaling KRW 37,459,795 on ten occasions as the purchase price of shares or the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. The one-time police statement with respect to E, F, and C:

1. Complaint;

1. Copy of each passbook and details of account transactions;

1. Previous relationship: References to inquiries, such as criminal history, investigation reports (Attachment of judgment attached), search output of integrated cases, and application of the statutes governing the judgment;

1. Relevant Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The total amount of the money obtained by deception is larger than the amount of the crime committed against the three victims for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence.

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