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(영문) 광주지방법원 2015.08.12 2014고단4573
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 May 23, 2013, the Defendant made a false statement to the victim C at a mutually infinite coffee store near Sung-dong, Taenam-si, Taenam-si, stating that “A person who well sees our history has been the Director of the National Medical Center located in Seoul. Around May 23, 2013, the Defendant would have a funeral hall operated by the National Medical Center at his own seat.”

However, there was no intention or ability to let the victim operate the funeral hall of the National Medical Center.

The defendant was transferred from the victim to a new bank account (E) in the name of D used by the defendant for the same day as the school expenses of the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for transfer certificate;

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

1. Imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of recommendations on the sentencing guidelines: Fraud crimes between six months and one year and six months, general fraud, Type 1 (less than KRW 100 million), and basic areas;

2. Specific grounds for sentencing - Circumstances: The defendant is against the crime of this case; the defendant deposits a total of seven million won on behalf of the victim; and the defendant has no record of being punished for fraud. - Indeterminate circumstances, there are no records of punishment for fraud. - The amount of taking advantage of the crime of this case is not certain as KRW 20 million, and no recovery of damage has been made for more than two years from the crime of this case.

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