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(영문) 광주지방법원 목포지원 2018.12.07 2018고단876
사기
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

around March 2017, the Defendant was living together with the victim C on the premise of marriage with the victim C around October 2017.

In fact, even though there was no time deposit and money for marriage from the parents, the Defendant had the victim deceivings the victim that “The amount of KRW 150 million in cash is in the account of a fixed deposit, and the parents are expected to have the amount of KRW 200 million in a marriage fund.”

The Defendant shall be the victim on July 17, 2017, with his father’s rank “It is necessary to change his father.”

I borrowed money. The term “The repayment will be made upon the receipt of KRW 350,000,000 for term deposits and marriage funds.”

However, even if the defendant receives money, some of the defendants thought to use it as the defendant's living cost, there was no time deposit and marriage fund to be received from the parents, and there was no intention or ability to change.

As such, the Defendant, including by deceiving the victim and receiving 5 million won from the victim to the Defendant’s personal compromise account on the same day from the victim, acquired the total amount of KRW 7,100,000 from September 30, 2017 to the Defendant’s personal compromise account, and acquired the money by remitting the total amount of KRW 7,100,000 from the victim five times in total, as shown in the List of Crimes

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and community service order want to be punished against the accused, and the accused has been punished three times by a fine for fraud, but the accused has been committed by committing a crime, and the accused is divided, supporting the accused by negligence, and all the conditions for sentencing specified in the arguments of this case, such as the amount of money obtained by the accused from the damaged person, age, sexual behavior, environment, etc.

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