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(영문) 광주지방법원 2021.02.17 2020고단2887

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On April 3, 2019, the criminal defendant against the victim B made a false statement to the victim, who was the victim, who was introduced by the branch of the defendant in the defendant's house in Gwangju Northern apartment, and the victim, who was a healthy food seller, of the cosmetics introduced through the branch of the branch of the branch of the defendant in Gwangju Northernbuk-gu, stating, "At first, he/she would pay the card on April 15, 2019 on the face of the state of cosmetics."

However, at the time of fact, the defendant did not have any intent or ability to settle the price within the time limit which is promised, even if he did not have any particular property due to bad credit.

The Defendant, by deceiving the victim as such, received cosmetics and health food equivalent to KRW 1,170,00 in total from the injured party.

2. On May 2, 2019, the Defendant made a false statement with regard to the victim D that “The Defendant would immediately make repayment if he/she lends KRW 200,000 to the victim, who is a vegetable vegetable vegetable victim B, who was aware of through B around May 2, 2019.”

However, at the time of fact, the defendant did not have any intent or ability to repay the money even if he borrowed money from the injured party due to no particular assets in bad credit condition.

As such, the Defendant, as well as the Defendant, by deceiving the victim and being given KRW 200,00 on the same day from the injured party, was granted KRW 17,129,000 from that time until September 17, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B or D;

1. Application of transaction specifications, text details with victims, transaction details of passbooks, investigation reports (with regard to Stockholm content data between the complainant and the victim), and credit information inquiry-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: