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(영문) 광주지방법원 2016.02.12 2015고단4677
사기
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

The defendant shall pay 130,000,000 won to the applicant for compensation.

Reasons

Punishment of the crime

On March 10, 2015, as the Internet gambling fund is required by the Defendant, the Defendant called the victim B (26 years old) who was a middle school alumni, and the father was unable to purchase the building due to the lack of money.

If the money already invested is not purchased because there is a large amount of money, the other real estate will be disposed of and repaid if the money is lent to prevent damage.

“The phrase was made.”

However, the father of the defendant did not purchase the building, and the defendant did not have the intention or ability to pay the money borrowed from the damaged party by disposing other real estate.

Defendant deceiving the victim as above and received KRW 1,800,000 from the victim as the loan money on March 2, 2015, from the victim, and then acquired it through the delivery of KRW 131,60,000 in total on 14 occasions from April 24, 2015, as shown in the list of crimes in the annexed crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police are entered in B;

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. Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

1. Article 32 (1) 2 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings [the compensation order prescribed in Article 25 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the part demanding the payment of 21.6 million won for the part demanding the payment of delayed compensation among the application filed by the applicant for compensation] of Article 32 (1) 2 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is a system that orders the compensation of direct physical damage, medical expenses and consolation money arising from criminal acts, either ex officio or upon the application of the victim, etc., in cases where the court declares a conviction of a crime prescribed in paragraph (1) of the same Article.

Reasons for sentencing

1. The sentencing criteria shall be set;

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