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(영문) 광주지방법원 2016.12.23 2016고단5102
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to the suspension of the execution of the imprisonment for six months for fraud in the Gwangju District Court Mapopoon branch on July 16, 2015, and the judgment was finally decided on July 24, 2015.

On March 2013, the Defendant, at the Defendant’s H workplace (including a place where a number of computers are installed to acquire game money) of the Defendant in Mapo-si, Mapo-si, Mapo-si, expressed the Defendant’s attitude that “I would like to have the Victim I gain profits from the game money by stating that “I will operate the game, inside, and operating the H workplace, due to the shortage of the cost of purchasing a computer additionally installed in this place and the cost of purchasing H items, I will make an investment in the game room, and would make profits from the investment principal if the investment principal would be repaid.”

However, in fact, the defendant was able to receive money from the victim and use it for his own cost of living and gambling expenses.

The Defendant received KRW 10 million from the victim, on May 29, 2013, and KRW 5 million on June 5, 2013, respectively, from the victim’s bank account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on the victim;

1. A copy of a deposit certificate and each statement on the details of each account transaction;

1. Previous conviction: Application of Acts and subordinate statutes written as a result of inquiry;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of the latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes;

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