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(영문) 광주지방법원 2015.10.29 2014고단2430

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to imprisonment for a total of eight months at the Gwangju District Court for fraud, and the judgment was finalized on April 11, 2013.

On April 6, 2011, the Defendant called the victim C by asking the victim C from the mutual influence points in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the effect that “The amount to be used as the prepaid payment for female employees is short of the amount to be used as the prepaid payment for female employees, so that the Defendant would complete payment after one week, if he lends KRW 3 million.”

However, at the time, the Defendant was the so-called “person in bad credit standing,” and there was approximately KRW 100 million bonds and prepaid payments in the absence of any other property or income, and should be borrowed from the so-called “number of days” even in the absence of intent or ability for repayment from D and E, so even if the Defendant borrowed the above money from the victim, there was no intention or ability for timely repayment.

Nevertheless, the Defendant, as above, made a false statement to the victim, received 2.7 million won from the victim to the bank account in the name of F on the same day, subject to restriction on the interest interest under the name of F, and acquired it by fraud.

In addition, from that time until July 23, 2012, the Defendant deceivings the victim seven times in total as shown in the list of crimes in the attached Table, and acquired the money from the female as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A detailed statement of transactions in a passbook, a detailed statement of transactions, and a credit account book;

1. Investigation report (Submission of Reference Materials by Complainant), investigation report (Submission of materials on transaction on credit account account account, the complainant, and deposit statement);

1. Each judgment;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (previous records and confirmation date);

1. Relevant Article 347(1) of the Criminal Act covering the frauds Nos. 1 through 5 in the list of crimes set forth in the annexed Table of Article 347(1) of the Criminal Act as to the crime, and the frauds Nos. 6 and 7.