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(영문) 전주지방법원 군산지원 2019.08.07 2018고단72

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 30, 2014, the defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court's Military mountain support, and the judgment became final and conclusive on June 11, 20

On September 21, 2014, the Defendant: (a) around 21:00, the Victim C’s Operation D, located in the following cities: “A was unable to sell the land in the military E; (b) there was room for selling the land in the military F, and (c) attempted to sell the soil in the land without selling it, and (d) tried to sell the land in the military F, and (e) I want to sell the soil in the land, and (e) I want to sell the cafeteria’s cafeteria’s cafeteria’s cafeteria’s cafeteria’s cafeteria; (b) so, the Defendant had the ability to repay. Accordingly, there was a case in which the Plaintiff had to enter the court immediately, and thus, (c) 100,000 won will be lent to the court, and (d) 310,000 won or more until September 15, 200 and 100,000 won will be lent by the date on which it was made.”

However, in fact, the defendant was in bad credit standing, such as bearing over KRW 500 million obligations without any particular property at the time, and there was no intention or ability to repay the debt even if he borrowed money from the victim due to no particular income.

around September 16, 2014, the Defendant received 31,300,000 won from the victim to the International Association account in the name of G, the Defendant’s child, from the victim.

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

Summary of Evidence

1. C and J's respective legal statements;

1. Statement made by the Defendant in the Prosecutor’s protocol of interrogation of the Defendant (a statement to the effect that, at the time of borrowing money from the victim, the money that was not repaid to K was KRW 440 million, and KRW 30 million, which was borrowed from K by fraud, due to the Defendant’s failure to repay, and the amount of bank rights was KRW 10 million, several million, but the property was entirely deposited)

1. The statement of C and J in the police interrogation protocol against the defendant 1.