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(영문) 광주지방법원 순천지원 2014.01.22 2013고단1982
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant was unable to open a mobile phone or open a passbook in the name of the defendant due to bad credit standing, and was unable to make financial transactions, and even if he borrowed money from the victim, there was no intention or ability to pay the money.

Nevertheless, the Defendant:

1. On September 24, 2012, the Defendant’s house located in B, which had shown that “in the event that it invests KRW 20 million in a ship, it shall be 20 million per month during six months, and the principal shall be refunded to KRW 20 million after six months” with the false statement that “in the event it invests KRW 20 million in a ship, it shall be 20 million per month during six months, and the victim shall be able to receive KRW 20 million from the victim on the pretext of the loan from the victim and shall obtain money from the victim to the Suhyup bank account in the name of the victim on September 24, 2012;

2. On October 12, 2012, at the victim C’s house located in Sc where a soldier was a policeman, “three seafarers have been engaged in operations, and there is no balance if personnel expenses, etc. are excluded. An outboard machine may engage in mixed operations without a seafarer. If a passenger is lent KRW 15 million, he/she shall be able to repay to a single passenger within the month.” On October 12, 2012, he/she acquired money from the victim under the victim’s name as a loan deposit account, with a total of KRW 15 million from the victim’s account and KRW 15 million from the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Details of transactions in the three names of fisheries cooperatives accounts (use of suspects);

1. C Details of transactions of fisheries cooperation accounts (C use);

1. Application of Acts and subordinate statutes to output of the Internet advertisement screen;

1. The grounds for sentencing under Article 347 (Determination of Imprisonment) of the Criminal Act and Article 347 (Determination of Punishment) of the Criminal Act for the crime of this case [Determination of Punishment] were based on the basic area of less than KRW 100 million [Determination of the recommended area], the term of imprisonment from six months to ten years [Scope of Punishment] from one month to ten years [Determination of Punishment]. The crime of this case was committed in April.

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