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(영문) 광주지방법원 2015.05.08 2014고단4018
사기
Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At the end of January 2014, the Defendant stated that “A” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, that “if a house deposit is required, if a house deposit is leased to KRW 10 million, it shall be paid in one million per month.”

However, the defendant did not have any intention or ability to repay the money even if he/she borrowed money without any income or property that he/she has repaid.

On January 29, 2014, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant’s mother, the Defendant’s mother.

2. In February 2014, the Defendant called that “A house deposit shall be repaid within one month if it is lent to the victim D with a phone call, while the house deposit is less than five million won.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money due to the circumstances such as the above 1.

Around February 17, 2014, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the above account and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes entered in a written statement A;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. The scope of the sentencing guidelines for sentencing [the determination of types of recommendations] the scope of the general fraud [the determination of the recommended area] the basic area [the scope of recommendations] 6 months to 1 year and 6 months [the scope of the recommended area] - the use of personal trust relationship for aggravated factors

2. whether or not to add a stay of execution - Major reasons for major reference: negative unagreement - Major reasons for reference: if the scale of substantial damage is not more than 50 million won, it shall be negative.

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