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(영문) 광주지방법원 순천지원 2018.08.23 2018고단652
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

around March 2012, the Defendant loaned KRW 34 million to D, a member of the victim C, “I wish to obtain a successful bid at an auction by auction in Seocho-gu Seoul, Seocho-gu, Seoul. If I wish to immediately return the borrowed money on the following day, but I want to hear the statement that I do not have any money from D,” the Defendant would request the Defendant to lend money to D. Even if I wish to borrow money from the victim, “I want to borrow money from the victim via D upon request of others, I would also borrow money from the victim, and I would like to obtain a successful bid by auction in the Seocho-gu Seoul, Seoul, Seoul. I would like to obtain a 34 million loan from the victim via D. When I want to obtain a successful bid, I would immediately return the borrowed money.”

However, even if the defendant did not receive the successful bid, he did not have the intention or ability to immediately return the bid bond as agreed to by the court.

Nevertheless, through D on March 7, 2012, the Defendant, as seen above, received 34 million won from the victim to the Defendant’s false bank account of F name, the Defendant, through deceiving the victim and deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. Complaint;

1. Application of Acts and subordinate statutes on deposit transactions and statement of remittance;

1. In light of the relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing a sentence of imprisonment with prison labor, the background and content of the instant crime, the degree of damage, the degree of damage, the restoration of damage, or the fact that the Defendant did not agree with the victim, and the Defendant committed another crime even though he/she was punished for the same kind of crime, it is inevitable to sentence the Defendant.

However, in determining specific punishment, the fact that it acknowledges the crime and reflects its behavior, and that it seems that the present health condition is not good.

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