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(영문) 광주지방법원 해남지원 2018.07.19 2017고단389
사기
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 2, 2015, the Defendant is expected to pay KRW 66 million to the “E” in the previous model of the Victim D operation of the Do Do Do Do Do Do Gun Gun Do Gun Do Gun Do Gun Do Gun Do Gun Do, and to pay KRW 300,000,000 to the Plaintiff’s successor.

“The phrase “ was false.”

However, in fact, the Defendant had a debt equivalent to KRW 56 million in bad credit standing at the time, and even if the F was designated as the fishermen’s successor, the Defendant was merely receiving spot support, so there was no intention or ability to pay the price even if he was supplied by the injured party.

However, the Defendant, as seen above, by deceiving the victim as above, received 200,000 Mai, 200,0000,0000 Mai, and 3,000,000,000,000,000,000,000 from the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A copy of bankbook;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on credit information inquiry and replies;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area of sentencing criteria [the scope of recommending punishment] the general fraud (less than KRW 100 million): Imprisonment with prison labor for six months to one year and six months (the person subject to special sentencing);

2. Even though the Defendant had a record of being sentenced to suspended sentence due to the criminal act by deceiving the joint signature, the Defendant committed the instant crime during the period of suspended sentence.

The defendant was a victim by making a specific falsehood, and the value of the property acquired by the defendant is significant.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The Defendant made efforts to recover damage and agreed with the victim smoothly.

In addition, the procedure of this case, such as the age of the defendant, circumstances of the crime, and circumstances after the crime.

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