(영문) 광주지방법원 2015.04.23 2015고단646

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(영문) 광주지방법원 2015.04.23 2015고단646

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 11, 2008, the Defendant made a false statement to the victim E at the clothes of “D” in the name of “D” in Jeonnam-gun, Jeonnam-gun, the Defendant operated by the Defendant, stating that “The Defendant would immediately repay the money to the victim E as the money for which the money is short.”

However, in fact, at the time, the defendant had a debt of 49 million won and paid interest of 3 million won per month. In addition, even if the defendant borrowed money from the victim because the operation of the above clothes was difficult, he did not have the intent or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the FF account in the name of the NAF on the same day from the victim, and by deceiving the victim as shown in the annexed crime list from September 9, 2009, and acquired it by deceiving the victim as a total of KRW 140,250,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Statement of E by the police;

1. Application of Acts and subordinate statutes to the accusation, details of transactions by account, ledger of ordinary deposits, ledger of transactions without deposits, passbook, details of transactions by passbook, ledger of receipt, details of payment of interest (Evidence List Nos. 1, 3 through 9, 17);

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud, and the basic area (1 to 4 years) (1 to 50 million won) of the basic area (1 to 4 years) of punishment (1 to 10 million won) (1 to 10 million won) (a decision of sentence] of a criminal defendant led to confession and reflect against the criminal defendant.

However, this case is not good to be a crime that abused mutual trust relationship, but is also a large amount of money acquired by fraud.

Before filing the instant complaint, the victim did not fully recover the damage except 64 million won paid monthly as the interest on the money acquired through deception.

Other character and conduct of the defendant, relation to the victim, and means of crime.

참조조문

-형법 제347조 제1항

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