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(영문) 광주지방법원 2016.07.20 2015고단3920
사기
Text

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant stated that “The Defendant would repay KRW 80 million to the victim E as advance payment because he was in progress with the lower exit of the construction work laid down as a F sewage pipeline in Gwangju Northern-gu, Gwangju-gu, Gwangju-gu, which ordered the payment of personnel expenses, due to the lack of the payment of personnel expenses, at the office of the Plaintiff, located in Gwangju-gu, Gwangju-gu, Gwangju-gu, the Defendant would be expected to set off a gold in North Korea-gu, and it would be expected that advance payment will be made until February 2013.”

However, in fact, the Defendant had already filed a verbal claim for the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment for the reason that the payment of the payment was not completed as stated in the written statement of the payment of the payment of the payment of the payment, and the payment of the payment of the personnel expenses was not made later, and it was difficult for the Defendant to use the advance payment for any purpose other than the purpose of the construction. Therefore, even if

The defendant shall belong to the same month from the injured party.

6. 77 million won was remitted to the Agricultural Cooperative Account under the name of the Defendant as a loan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of a loan certificate and an inquiry of transaction details;

1. Each investigation report (report on the attachment of a detailed statement of telephone conversations and settlement with the GH, review of a suspect's financial capability to repay, and hearing of the complainant's statement);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, reasons [the scope of recommendation] for sentencing of imprisonment [the scope of recommendation] general frauds in the basic area (from June to one year and six months) [the person subject to special sentencing] [the decision of sentencing] and the defendant are as follows.

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