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(영문) 광주지방법원 2016.09.02 2016고단1841
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

피고인은 2014. 9. 4. 광주 동구 금남로 4가에 있는 신한은행에서 피해자 C에게 “아들 D이 게임을 해서 돈을 많이 땄는데 수수료가 없어 찾지 못하고 있다. 돈을 빌려주면 게임회사에 수수료로 지급하고 돈을 찾을 수 있으니 90만 원을 빌려주면 내일까지 갚겠다.”고 거짓말하였다.

In fact, Defendant D did not have any game, and there was no money, and Defendant did not have any intent or ability to pay money even if he received money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 900,000 from the victim, namely, in cash, from the victim, and thereafter received KRW 1,341,00 from that time to August 14, 2015, a total of 70 times as stated in the crime list, including the amount of crime, issued to the Gwangju Bank (E) and the National Bank (F) account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the second suspect interrogation protocol against the accused at the police time;

1. Statement made to C by the police statement;

1. Application of the Acts and subordinate statutes in which the details of each account and letters are written;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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 for the aggravation of concurrent crimes is not significant, but the period and method of the crime are deemed to be poor in view of the period and method of the crime.

The damage was not recovered at all.

It is true that the defendant has been sentenced to two fines.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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