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(영문) 광주지방법원 2016.06.23 2016고단373

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 2,050,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On August 23, 2011, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Busan District Court, and on May 8, 2013, the execution of the sentence was completed at the Busan Correctional Institution.

"2016 Highest 373"

1. On January 16, 2014, the Defendant’s fraud against the victim D was difficult to pay the victim D for a few months, where the victim D was going to a shipbuilding yard.

It stated that “I will pay in full as I will pay in return for a loan of money.”

However, at the time, the defendant did not have the ability to repay money from the injured party as agreed even if he borrowed money from the injured party because he did not have a certain occupation or property.

The Defendant, as seen above, made a false statement to the victim, and then acquired 2 million won on the same day through the account in the name of the Defendant from the victim, and obtained 2 million won on January 17, 2014 from the victim by fraud.

2. On December 24, 2014, the Defendant against the victim F was working for the victim in the clothing store operated by the victim F in Gwangju Northern-gu, Gwangju, as the victim’s leader of the Chinese Heavy Industries Team, and it is difficult for the company to receive a monthly wage.

He discussed that he would provide clothes value as he enters.

However, at the time, the defendant did not have the ability to pay the clothes normally because he did not have a work day and did not have a certain occupation or property.

As above, Defendant 1 received 3,630,090 won in total from around 15 times to March 11, 2015, including the fact that he paid 200,000 won as part of the price of clothes from the injured party immediately, and received a letter equivalent to the amount of KRW 461,370 at the market price, from the injured party, and received money from the injured party, as shown in the attached list of crimes (1).

3. On January 24, 2015, the criminal defendant against the victim H is at the victim H’s residence located in Gwangju Northern-gu I.