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(영문) 광주지방법원 2016.10.26 2016고단3944
사기
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

The Defendant: (a) around April 11, 2012, at the fireworks House that he was aware of the trade name in the Hammmmpon-gun, Jeonnam-gun, the Defendant: (b) held that the Defendant would give the victim I interest and principal before drilling if he borrowed KRW 15 million as he is in need of money in operating his business.

However, the defendant did not have any specific plan for the business and did not have any intention or ability to pay the money even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, was transferred 15 million won to the Gwangju Bank Account (J) in the name of H on April 13, 2012 from the victim.

Around July 2012, the Defendant continued to provide the victim’s home in the Hamyeong-gun, Hamyeong-gun C with the “a business need to be more than KRW 10 million” to the victim before the victim’s home in the Hamyeong-gun, Ham-gun, Ham-gun. The Plaintiff borrowed the 15 million Lamba, thereby lending KRW 10 million to the interest and principal.”

However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to repay it.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the said Gwangju Bank account on November 1, 2012.

Accordingly, the defendant deceivings the victim and 25 million won in total over twice from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to I;

1. A certificate of transaction;

1. Application of the details of replies to financial transaction information (not more than 50 pages of investigation records);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of recommendations on the sentencing criteria [decision of types] the range of recommendations [decision of types] and the range of general frauds [decision of the recommended area] mitigated area (decision of the recommended area less than KRW 100 million] (decision of the recommended area] less than one year;

2. Determination of sentence: Imprisonment with prison labor for a period of four months, and the age, character and conduct, environment of the accused, as follows:

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