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(영문) 광주지방법원 2017.02.02 2016고단4082
사기
Text

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

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

Reasons

Punishment of the crime

1. On June 15, 2015, the Defendant made a false statement to the effect that “Around June 15, 2015, the Defendant would pay back money without molding to the victim D, who would lend money to the victim D necessary to pay KRW 10,000,00,000,” by June 15, 2015.

However, at the time, the defendant did not have any special property, and even if he borrowed money from the injured party, such as the debt amounting to 40 million won, he did not have any intention or ability to repay it.

Nevertheless, the Defendant received KRW 10,000 from the injured party on the same day, from October 22, 2015, a total of KRW 14,50,000,000 from the time when the injured party received delivery of KRW 10,000 on the same day.

2. On July 30, 2015, the Defendant, on July 30, 2015, made a false statement to the effect that, “F E” located in Gwangju Mine-gu, sent KRW 10,000,000 to G the “F E” director of the “Negrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgs

However, in fact, G was not the director of ice ice ice cream agency, and even if G sent KRW 10,000 to G for personnel expenses, it was not possible to receive low supply of ice cream.

As such, the Defendant, by deceiving the victim, received KRW 10,00 from the damaged party to the Gwangju Bank account of G, and received the same again from G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the lending and borrowing contract, specifications of transactions, transaction contracts, and transfer confirmation Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommending punishment] The basic area (6 months to one year and six months) of the type 1 of the Criminal Code (less than KRW 100 million).

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