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(영문) 광주지방법원 순천지원 2016.06.29 2015고단2502
사기
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] On November 19, 2014, the Defendant was sentenced to three months of imprisonment for breach of trust, etc. at the Gwangju District Court on August 13, 2015 and the judgment became final and conclusive on August 13, 2015.

[2] On August 30, 2014, the Defendant, at the upper point of “F,” operated by the victim E, a spouse of the victim D, who was the victim of the victim D, who was in the aftermath of the aftermath of the aftermath of the aftermath of August, 2014, concluded that the Defendant borrowed KRW 10 million to the victim for performing the third construction of loans in the G, until September 30, 2014.

However, the facts did not have the intention or ability to repay even if they borrowed money from the injured party.

Nevertheless, on the 1st of the same month, the Defendant received 6 million won from the injured party through the "credit card tin" in the name of the largest credit card payment, and received 4 million won as the same name around the 3th of the same month from the injured party to the agricultural bank account in the name of the Defendant, and acquired the 10 million won in total, such as receiving 4 million won from the third of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to D;

1. Detailed statement of each payment, a loan certificate, and a detailed statement of the amount of money to be paid in connection with the use of a scar card;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (two copies of the judgment);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, provided that the sentencing criteria do not apply as it falls under latter concurrent crimes with the reasons for sentencing of Article 39(1).

A punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that there are several criminal records of the same kind of crime, such as unfavorable circumstances, confession, reflectment of the defendant, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, the fact that the defendant does not want to be punished when he/she simultaneously ruled as concurrent crimes after Article 39 of the Criminal Act, and the fact that the defendant's age, sexual behavior, and circumstances after the crime, etc.

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