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(영문) 광주지방법원 2017.06.15 2016고단3038
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around December 2014, the defendant will work for the injured party C in Gwangju, "(ju) Aroma Roff-ro factory."

If the order of clothes from the subordinate company is issued, it is long time to settle it through the head office to pay in cash.

Money may be invested at a discount on the face of the original value by the subcontractor, and the head office may remain at the price for the original supply by the subcontractor, and the difference may be remaining as much as the discounted amount is claimed by the subcontractor.

If a person lends money, he/she will pay the money with the remaining interest in this way.

“.......”

However, in fact, the Defendant did not have worked in the Arop Gwangju factory, and even if having received money from the injured party, the Defendant merely used or thought to be used as a means of lending gambling money to customers in the illegal game site, and did not have the ability to repay the money properly even if there was no other income except for the operation of the illegal game hall.

As above, the Defendant, as indicated in the list of crimes attached to the crime committed from around December 30, 2014 to April 24, 2015, by deceiving the victim and deceiving the victim. The Defendant, as seen above, received the total of KRW 158,050,000 from around December 30, 2014 to the deposit account in the name of the Defendant as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A criminal investigation report (a report accompanied by detailed statements on use and repayment, etc.);

1. Application of two copies of account transactions, one copy of passbook, and other Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (the amount of a punishment shall be at least KRW 100 million, and less than KRW 500 million). The mitigation area (from October to February 6) (the amount of a special mitigation) is not subject to punishment;

2. Since deceiving the decision-making purpose of sentence and deceiving a lot of money for a period of four months, the criminal liability is not less exceptionally but legally.

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