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(영문) 광주지방법원 2017.01.25 2016고단3671

사기

Text

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

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

Reasons

Punishment of the crime

1. On May 23, 2012, the Defendant against the victim B is urgently required to perform a surgery with the thickness of father in the Southern-gu, Gwangju, Nam-gu.

The lending of money was referred to as "be repaid without a mold one week after the payment is made."

However, even if the Defendant borrowed money from the damaged party due to the absence of money due to the failure of the C’s business in operation at the time, the Defendant did not have the ability to pay the money properly one week.

The defendant deceivings the victim as above and received 4,000,000 won in cash from the victims of the damage in Gwangju Nam-gu Agricultural District Branch on the same day.

2. On July 4, 2012, the Defendant against the victim D calls from the victim D operated by the Defendant in Seo-gu, Gwangju, to the Busan, Seo-gu F, and “C is operating”.

The sending of an advance payment of three million won or more at an early stage;

In other words, if the ship is purchased from the injured party, the order was issued as if the price was paid properly.

However, the defendant was operated at the time.

C was not well operated, and even if the defendant's financial condition is not good, it did not have the intent or ability to pay the price properly even if he received the livelihood from the injured party.

As above, the Defendant: (a) received early 55 gamblings equivalent to the total amount of KRW 5,615,00 on July 6, 2016 from the victim; (b) received early 22,860,000 from July 17, 2016; (c) paid only KRW 3,00,000 in advance and did not pay the remainder amount of KRW 25,475,00 in property profits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. A complaint, copy of passbook, and copy of a written oath;

1. Application of Acts and subordinate statutes to a complaint, statement of account, certificate of transfer confirmation, and statement of transaction;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment.