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(영문) 광주지방법원 2016.08.17 2016고단853
사기
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant stated that the “E” office for the victim’s D operation in Gwangju Mine-gu, Gwangju, would change the victim’s “E” office to sell e-type 5,00,000 won to the victim.

However, from July 31, 2014, in the above other air, the right to collateral security, which is the creditor’s “ Nonghyup Bank Co., Ltd.,” “F,” “F,” “152,400,000 won,” “127,000,000 won,” and “127,000,000 won,” was established. Thus, even if the Defendant received money from the victim, the Defendant did not have any intention or ability to transfer the full ownership of the said other air, for which no security right is established, to the victim.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 55,00,000 as the price for other air against the victim around 28:45 of the same month from the victim, to the Agricultural Cooperative account of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D or G statements);

1. A certificate fully registered as collateral for movable property;

1. A copy of a mechanical transaction contract;

1. Application of a copy of a deposit certificate to statutes;

1. The relevant Article of the Criminal Act, Article 347 (1) of the Criminal Act, the reasons for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Type 1 (less than KRW 100,00) [the determination of the recommended area], six months from one year and six months from the basic area of the recommendation;

2. Determination of sentence: Determination of sentence: Determination of sentence beyond the scope of the sentencing guidelines is deemed to be somewhat harsh to the defendant, considering all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., as stated below four months of imprisonment, since the determination of sentence within the scope of the sentencing guidelines set forth in the sentencing guidelines is recognized as being harsh, and the sentence is set as ordered

The circumstances disadvantageous to the victim: The victim's name is the case in which the defendant has already been responsible for considerable debts to the victim.

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