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(영문) 광주지방법원 2018.11.09 2018고단3420

사기

Text

The prosecution of this case is dismissed.

Reasons

1. On January 30, 2018, the Defendant, at the Defendant’s residence in the Gwangju Mine-gu, contacted the victim B with the instant Messenger and telephone, to pay the money borrowed from the bond company.

There is an apartment house under a common name with the spouse, and if the apartment house is offered as security, it is possible to lend to the extent of KRW 30 million.

3 weeks later stated that money can be repaid in full.

However, in fact, the Defendant was thought to use money from the damaged party for an illegal sports climate, and even if he borrowed money from the damaged party due to no particular income or property, he did not have any intent or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and acquired the total of KRW 11 million from the victim to the agricultural bank account under the name of the defendant five times in the same day.

2. The judgment of the court below is a crime falling under Article 347(1) of the Criminal Act, which is a case where the defendant and the victim have a relationship under Articles 354 and 328(2) of the Criminal Act and can be prosecuted only upon the victim's complaint. According to the records, the victim is a spouse of the defendant's outer village, who is a relative of the fourth degree of affinity, and can be recognized as the fact that the defendant revoked the complaint against the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.