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(영문) 광주지방법원 2017.01.11 2016고단5554

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant committed an act by stealing another person’s name, such as C, D, and E, one’s own money.

On January 23, 2008, the Defendant: “ Q Q operated by the Victim G in P in P in the Southern-si, the Defendant punished the victim KRW 3 billion from the fixed line casino to the vehicle security loan.

B. The Government made it possible to pay the interest and principal to the victim by providing five copies per month when sending money to B, and by stating that the vehicle security loan business will be returned only before the month when the money is needed, and the victim seems to have paid the interest and principal properly.

However, the Defendant did not carry out the vehicle security loan business, and was thought to make an investment in real estate or use it as living expenses with money from the injured party, and even if he did not receive money from the injured party due to no particular income, he could not pay the interest and principal properly.

On January 23, 2008, the Defendant received KRW 20 million from the damaged party to the account in H’s name, and received KRW 17 million from the damaged party, and received KRW 17 million from January 23, 2008 to January 13, 2009, and received KRW 267 million in total over 16 times from January 23, 2008 to January 13, 2009 as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report of each police statement on G, H, R, and S (Attachment of a document on G transaction, which is a complaint), separate account statement statement, investigation report (execution of a warrant of search and seizure warrant - Investigation Report on Transaction Details), inquiry about transaction details, investigation report (RF’s account transaction details analysis), investigation report (RF’s execution of a warrant of search and seizure verification), account transaction details, investigation report (TF bank’s execution of a warrant of search and seizure verification), account transaction details, investigation report (TF bank’s H account analysis), investigation report (TF’s execution of a warrant of search and seizure verification), account transaction details, investigation report (HF bank’s account analysis), investigation report (verification of passbook transaction details), investigation report);

1. A complaint, a copy of passbook, a note, a copy of a loan, and a suspect.