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(영문) 광주지방법원 목포지원 2016.01.12 2014고단1900

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 30,000,000 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

Around January 2012, the Defendant, “D” in the “D” restaurant of the victim B’s operation near the Nampo-si, Nampo-si, Nampo-si, by accepting and operating the said restaurant from the injured party, stated that “If a group of money is loaned to the injured party as a result of the need for operating expenses, the Defendant would sell the building in Daejeon and pay back the money to the injured party.”

However, the Defendant, without any specific income, was in a situation where he bears approximately KRW 43 million of personal debt, and the value of the land and land owned by the Defendant was equivalent to KRW 200,000,000 of KRW 192,000 of the maximum amount of the claim was established on the land and land buildings owned by the Defendant. On December 14, 201, before the victim borrowed money from the victim, the Defendant had no intention or ability to repay the victim with the money borrowed at the request of the former mortgagee F. < Amended by Act No. 11134, Dec. 14, 2011>

As above, the Defendant: (a) by deceiving the victim and deceiving the victim on two occasions on January 2012, 201; (b) obtained KRW 11.8 million through four times around February 201; (c) KRW 9 million through four times around the same year; and (d) obtained KRW 9.2 million from March 201 of the same year as the borrowed money, and acquired KRW 30 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. An inquiry letter about credit information;

1. Application of Acts and subordinate statutes to investigation reports (topend a certified copy of donations, such as an investigation report (topend an implied branch of the Saemaul credit cooperative), investigation report (Listening to complainants' statements), and investigation report

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Grounds for sentencing under Articles 25 (1), 31 (1), and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution;

1. Determination of types of crime: One type of fraud (less than 100 million won).

2. Determination of the scope of sentence: Basic area, six months - one year and six months (no person subject to special sentencing exists);

3. The crime of this case by which the defendant deceivings the victim, thereby making a total of KRW 30 million.