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(영문) 광주지방법원 순천지원 2015.06.23 2014고단2186
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 6, 2013, at least 22:30 on 22:30, the Defendant made a false statement to the victim B, stating that “The father shall confirm the balance of the head of the Tong due to personal circumstances and deliver it to the father, and if 2.8 million won is deposited, the Defendant would immediately transfer it after confirming the balance of the head of the Tong.”

However, in fact, the defendant borrowed money to make a stock investment, and even if he borrowed money from the victim without any particular property, he did not immediately have the intention or ability to repay it.

The defendant was transferred 2.8 million won from the victim to the Agricultural Cooperative (C) account in the name of the defendant.

In addition, the Defendant, from around that time to October 8, 2013, deceiving the victim six times as shown in the list of crimes in the attached Table, and received property worth KRW 20,80,000,000 from that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B Application of the bill of complaint, each transfer certificate, loan transaction agreement, pledge, vehicle delivery, sale and purchase, operation agreement note, inquiry of details of transactions, and the detailed statement of transactions of ordinary deposits under the Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Fraud (less than KRW 100 million) and there is no basic area (6 to 1 year and 6 months) [decision of sentence] [decision of sentence] ] Imprisonment with prison labor, which is favorable for two years of suspended sentence: The fact that the amount of fraud is not much much much, and the normal circumstances that are unfavorable to the fact that it is contradictory to the fact that it is committed repeatedly;

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