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(영문) 광주지방법원 2016.12.22 2016고단1726
사기
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Defendant shall be sentenced to four months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2014, the Defendant accessed the victim as if he were to teach with the victim B on the premise of marriage with the victim B, and falsely told the victim that “I would pay money within the early time when I want to lend money to the correctional institution, and I would like to lend money.”

However, the defendant did not have an intention to teach with the victim with intellectual disability on the premise of marriage, and even if he borrowed money from the victim, he did not have an intention or ability to repay it as soon as possible, even if he borrowed money from the victim in the state of bad credit standing.

The Defendant received 50,000,000 won from the victim’s account in the name of D that was managed by the Defendant on the same day from March 27, 2015, and acquired 78 times as shown in the attached crime list, such as the transfer of KRW 50,00 from the victim to the account in the name of D, and acquired 12,794,353 won under the name of living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Statement of the police officer B;

1. Application of Acts and subordinate statutes to the head of a complaint, details of payment of damages, and details of payment of damages;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is general fraud (less than KRW 100 million) and the mitigated area (one to one year) (special mitigation) (one to one year) of the mitigated area (special mitigation). It is so decided as per Disposition on the grounds that the victim is fully responsible for the occurrence of crime or the expansion of damage (the decision of sentencing

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