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(영문) 광주지방법원목포지원 2020.10.27 2020고단484
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Around 13:00 on March 4, 2019, the Defendant made a false statement to the victim D, stating, “The Defendant would have the right to operate the store in the excursion ship and the right to operate the ticket office in the excursion ship if he/she has invested 50 million won, which is necessary for the lease of the pleasure ship, in C office where the Defendant is working in Sinpo City B.”

However, even if the defendant received investment money from the victim, the defendant did not have the intention or ability to use the money for the lease of the excursion ship because he planned to consume it with personal debt.

On March 4, 2019, the Defendant, by deceiving the victim, received KRW 24,250,000 from the victim to the post office account (F) under the name of the Defendant on March 4, 2019, and acquired KRW 15,750,000 in total under the same name, and acquired a cashier’s checks of KRW 15,750,000 on the same day under the same name, and acquired them as investment money for the lease of sight.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on details of transactions in post offices in the name of a suspect, a bank transaction statement, a copy of his/her own check, a cash storage certificate, an investigation report (attached documents of financial transactions submitted by

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: The sentence shall be sentenced to eight months of imprisonment, the sentence of two years of suspended execution, taking into account the circumstances favorable to the defendant that there are many criminal records of the same kind of crime, taking into account the facts that the victim and the victim have agreed smoothly, and shall be the method and content of the crime

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