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(영문) 광주지방법원 해남지원 2017.10.12 2017고단228
사기
Text

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

The defendant is a person who was in a relationship with the victim B.

On February 19, 2013, the Defendant called the victim at the place of vision on February 19, 2013, and called the victim for “It is necessary to agree that he/she had fighting at home, and he/she has repaid it.”

“.....”

However, the defendant did not have been fighting, and was only thought that he borrowed money from the victim to use it as entertainment costs.

Defendant deceiving the victim as above and received 700,000,000 won from the victim to the agricultural bank account under his own name as the borrowed money, and acquired 55,264,996 won in total from the victim through 47 times from that time until September 20, 2016, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of each one of the following Acts and subordinate statutes to one of the specifications of deposit transaction records, remittance (loans), CDs, crime sights (loans and repayment statements), agricultural cooperative accounts, Gwangju Bank, and new bank, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the sentencing criteria are applied [the scope of the recommended punishment] and the basic area (from June to one year and six months) (special mitigation and increase) of the basic area (the number of months to one year) of types 1 of general frauds (the number of months to one hundred million won) [the number of persons subject to special mitigation and increase] / the number of unspecified or many victims, or commits a crime repeatedly for a considerable period;

2. The Defendant, who made a decision of sentence, deceivings the victim who had a relationship with him/her for the preparation of entertainment expenses in a series of times, thereby deceiving him/her.

It is not good that the crime is committed.

In addition, considering the fact that the amount of damage is not much, and that the whole amount of damage is not recovered until the damage is not recovered, the defendant will be punished strictly.

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