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(영문) 광주지방법원 2016.08.31 2016고단2571
사기
Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

Punishment of the crime

On May 30, 2013, the Defendant would pay the victim E an amount of KRW 1,00,000,000 per month by joining the end number of the 20,000 won foot number system operated by the Defendant’s inside and outside of Gwangju Mine on May 30, 2013.

“False speech was made to the effect that it was “.”

However, in fact, although the defendant organized the above system, it was not adequate for the fraternity to pay the fraternity, and even if only the person to receive the fraternity with the last number 20 times, there was no intention or ability to pay the fraternity in fact even though he received the fraternity from the injured party, such as using it for the husband's business fund, etc.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received delivery of KRW 20 million from May 30, 2013 to December 10, 2014, as shown in the List of Crimes (1) as in the attached Table from May 30 to December 10, 2014.

In addition, from May 20, 2013 to December 29, 2014, the Defendant obtained the total amount of KRW 135,900,000 from 187 victims, such as the daily list of crimes (1) through (10) in attached Form 1 to 2014, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to EFGHIJ, and IK;

1. Application of each detailed statement of deposit transactions, details of gold transactions, details of financial transactions, inquiry into details of transactions, specifications of transactions, and Acts and subordinate statutes on financial transactions;

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

1. The scope of the recommended punishment on the sentencing guidelines [the type of determination] shall be limited to the range of the recommended punishment [the range of the recommended punishment] No. 2 (at least KRW 100,000, but less than KRW 500,000] [the scope of the recommended punishment] 6 and 2/3 months (the range of the recommended punishment shall be less than the single crime which is the largest as a result of the addition of the profits amount].

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