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(영문) 광주지방법원 2015.04.09 2014고단4810
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 201, the Defendant made a false statement to the victim E (the 33 years of age) in the fourth department store near Seo-gu Daejeon, Daejeon, that “The Defendant is fine for intending to make a private stuff in the Marcario. 1, 201.”

However, the fact was that Makao had no intention or ability to recover the investment money and to keep the profit by investing in Makao normally, and it was thought that Makao's personal debt with money in the name of Makao's private money was repaid or used as gambling money.

As such, the Defendant, by deceiving the victim as such, received KRW 80,450,315 in total eight times, such as being transferred to a passbook under the name of the Defendant, or received credit cards, and received them by means of money in the name of Makao’s local name, and received a credit card, and subsequently acquired KRW 80,450,315 in total.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of E by the police;

1. The application of Acts and subordinate statutes to a complaint, details of deposit transactions, credit card approval details, and investigation report on the victim E-mail statement hearing (Evidence Nos. 1, 2, 3, 13)

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are the first offense [the scope of recommending punishment] of the general fraud [the scope of recommending punishment] of the mitigation area (one month to one year] of the mitigation area (one hundred million won) of the mitigation area (the special mitigation person] of punishment, or where considerable damage has been recovered, the final sentencing scope based on the aggravation of multiple crimes: the final sentencing range based on the aggravation of multiple crimes: one month to one year and ten months

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