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(영문) 광주지방법원 순천지원 2017.05.24 2017고단624
사기
Text

A defendant shall be punished by imprisonment for four years.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 20, 2016, the Defendant made a false statement to the effect that “The Defendant shall pay 10% interest per month on the loan of money, and shall repay the principal after one to two months,” making a phone call to the victim H.

However, even if the Defendant borrowed money from the victim as above, the Defendant did not have the intent and ability to pay 10% interest each month to the victim, and was thought to use the said money for personal purposes, such as repayment of personal debt.

Nevertheless, the Defendant received the total amount of KRW 15 million from the victim to January 17, 2017 and acquired the total amount of KRW 1,037,258,000 from the total amount of nine victims to 307 times, as shown in the list of crimes in the attached Table, including the receipt of KRW 15 million from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the defendant in H, C, I, G, F, and D in the suspect examination protocol against the defendant;

1. Statement made by the prosecution against E;

1. A protocol concerning the examination of suspect of the police against J (two times);

1. Each police statement made with respect to H, G, C, K, D, I, and F;

1. Investigation report (to hear statements from a victim Lane and report);

1. A detailed statement of each account transaction or a detailed statement of deposit transaction, a detailed statement of each transaction, a written confirmation of each transfer result, and a statement of accounts of the agricultural bank account cancelled by Defendant;

1. Application of the Act on the Records of Transfer to Vietnam

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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. The following circumstances are the grounds for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation, and the scope of liability for compensation by the defendant is unclear, and thus it is not reasonable to issue an order for compensation in the criminal procedure of this case). Other circumstances such as the family environment of the defendant, the background of the crime, the relationship between the victims, and the situation after the crime.

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