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(영문) 광주지방법원 목포지원 2016.11.04 2016고단1073
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Around April 3, 2008, the Defendant made a false statement to the victim D, “If he/she lends money to the victim with his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

However, in fact, the Defendant was planning to use the money borrowed from the victim for personal repayment of bonds, payment of credit card bills, etc., and at the time, the Defendant was paying off the bonds, credit card bills, credit card bills, insurance notes, confinements, etc. with the money borrowed from the policy holders. Therefore, even if the money was borrowed from the victim, the Defendant did not have any ability or intent to pay it.

The Defendant, as such, by deceiving the victim, received KRW 1.9 million in cash from the victim on the same day, and obtained KRW 133,130,000 in total over 12 times from around that time to December 30, 209, as shown in the annexed crime inundation list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to detailed statement of transactions (D), details of financial transactions (A), investigation reports (Analysis of accounts received), investigation reports (report on revisions to list of crimes) by the National Agricultural Cooperatives Federation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria [decision of type] General Fraud (at least 10 million won, less than 500 million won) - Where a person commits repeatedly over a considerable period of time [decision of the recommended area] increased area of punishment [decision of the recommended area] increased area of punishment from 2 years and 6 years to 6 years [general person] reduced area of punishment: serious reflective amount of punishment and no record of criminal punishment - increased amount of personal trust: Use of personal trust relationship;

2. The fact that the Defendant recognized the instant crime and reflected the sentence, currently.

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