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(영문) 광주지방법원 순천지원 2016.08.25 2016고단519
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 18, 2015, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for fraud in the Gwangju District Court's Netcheon Branch on November 18, 2015, and the judgment became final and conclusive on November 26, 2015.

On August 201, 201, the Defendant called the victim B, who was fluored at a fluorous land, to the effect that “The Defendant issued corporate bonds with interest of 20% per month to the employees of HK Savings Bank, and the said Savings Bank issued bonds with interest of 20% per month to its employees.”

However, the defendant was not an employee of HK mutual savings bank, and even if he received money from the injured party, he did not have any intent or ability to purchase the above corporate bonds and redeem the profits to the injured party.

Nevertheless, on September 14, 201, the Defendant: (a) by deceiving the victim as above; (b) received KRW 7 million in cash in front of the HK Mutual Savings Bank located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; and (c) from that time received KRW 67,200,000 from the victims on seven occasions in total, as stated in the list of crimes, from April 18, 2012.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Statement made by the police against B;

1. A detailed statement of banking transactions;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service, was restored to a considerable part of the victim’s damage, and the defendant is currently making efforts to recover damage, and the judgment is rendered simultaneously with the judgment that became final and conclusive.

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