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(영문) 광주지방법원 2015.04.09 2014고단4275
사기
Text

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

Reasons

Punishment of the crime

On January 10, 2008, the Defendant made a false statement to the victim B (Nam and 28 years of age) at the Seo-gu, Seo-gu, Seocheon-gu (Sacheon-gu), Gwangju (Sacheon-gu), that “I would lend money to the apartment lease fund within several days if I would lend money to the apartment lease fund.”

However, even if the defendant received the above money, he did not intend to use it as a deposit money, and there was no intention or ability to repay it without any income at the time.

Nevertheless, the Defendant received a total of KRW 38 million from the victim on January 10, 2008, including the remittance of KRW 15 million from the victim, and received a total of KRW 38 million, as shown in the attached list of crimes.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on investigation;

1. A list of savings deposit transactions;

1. Application of the Acts and subordinate statutes of the Letter of Payment

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] No basic area (6 months to 100 million won) (6 months to 100 million won) of types 1 of general fraud [the decision of sentencing] [the decision of sentencing] [the amount obtained by deception due to the fraud of this case is not completely recovered] and the amount obtained by deception is not completely recovered due to the fraud of this case, the punishment shall be determined by taking into account the circumstances where the victim is punished by the defendant and other various factors of sentencing, including the defendant'

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