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(영문) 광주지방법원 2017.09.28 2017고단1047
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 27, 2015, the Defendant called the victim E at the office of the Defendant, the Nam-gu Seoul metropolitan apartment house No. 104-dong 2101, and paid off at any time when “20 million won is leased.”

“.....”

However, while the Defendant did not have any particular property or income, the Defendant did not have any intent or ability to repay the debt properly even if he borrowed money from the damaged person, as he borrowed money from the damaged person to pay other debt amounting to approximately KRW 170 million.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 19,40,000,000,000 from the victim under the name of the Defendant in Gwangju Bank account (F) on the same day from the victim; and (c) received from December 1, 2015, a total of KRW 249,100,000,000 from the time to December 1, 2015, as shown in the list of crimes in the attached list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect by each prosecutor or the police concerning the defendant (including the part concerning the statement of the E);

1. Statement made by the police for E;

1. Complaint;

1. The details of each bank transaction, the declaration of bankruptcy, the determination of books on the face thereof, and the application of statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommending punishment] General Fraud / [the scope of recommending punishment] the basic field (8 to 4 years) of Type 2 (not less than KRW 100 million, but less than KRW 500 million): The descriptive criteria: there is no special sentencing person [the person who is subject to special sentencing] [the decision of sentencing] of the amount obtained by deception as a result of the combined crimes of the same kind / [the decision of sentencing] of the amount obtained by deception, while the punishment should be imposed as a result of no recovery of damage

In determining the term of punishment, the above circumstances, confessions and reflects, and there have been money transactions between 10 years to 17 June 2013 with victims.

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