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(영문) 광주지방법원 목포지원 2018.10.05 2017고단1296

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 20,000,000 won to the applicant for compensation. The compensation order shall be made.

Reasons

Punishment of the crime

1. On February 20, 2013, the Defendant: (a) the Victim C was transferred to and paid compensation to the F stadium site by the Ecom, owned by the Defendant, to the Victim C in Yong-Gun D, Nam, Nam-gun, Nam-gun.

A false statement was made that the loan of KRW 10 million would be repaid as if the loan was paid.

However, in fact, the telecom is not owned by the defendant, so the defendant cannot receive compensation, and even if the defendant borrows money from the injured party due to bad credit standing, he did not have any intention or ability to pay such money.

Nevertheless, the defendant deceivings the victim as above and acquired cash of KRW 10 million from the victim as the borrowed money.

2. On April 22, 2014, the Defendant made a false statement that “The Defendant would immediately repay KRW 20 million to the extent that he/she would have discharged the telecom compensation, by leasing KRW 10 million to the victim’s house located in Yong-Gun G prior to the lapse of lending KRW 10 million.”

However, the defendant did not have the right to receive compensation as above and did not have the intent or ability to pay money even if he borrowed money from the injured party without any particular income or property.

Nevertheless, the defendant deceivings the victim as above and acquired the 10 million won from the victim to the NAC account of the defendant as the next day.

Summary of Evidence

1. Each legal statement of the witness C, H, I, and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Each protocol concerning the suspect interrogation of the police against the accused (including part concerning theC statement);

1. Each police statement made to C and H;

1. Details of each deposit transaction, family relation certificate, all matters to be registered, and marriage relation certificate;

1. Investigation report (K and telephone call), investigation report (the reason why 1.79 million won has been remitted to L);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.