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(영문) 광주지방법원 순천지원 2017.11.16 2017고단1548

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around January 25, 2010, the Defendant: (a) told the victim C to pay the interest at the rate of 4% per month on the face of the loan with the loan borrowed KRW 30 million.

However, in fact, the defendant thought that he borrowed money from the victim as money for gambling was used, so it was not possible to recover the money, and there was no certain occupation or special property at the time, and since from around 2001 there was no intention or ability to repay the money from the victim even if he borrowed money from the victim because he was liable for the accumulated maximum amount of money.

Nevertheless, on January 25, 2010, the Defendant: (a) by deceiving the victim as above; (b) obtained delivery of KRW 24 million in cash on the same day; (c) KRW 4.8 million in cash on the same day; and (d) KRW 28.5 million in total on May 26, 2010 to the Defendant’s account of KB Bank (F) in the name of the Defendant or E; and (b) KRW 57.3 million in total on three occasions.

2. On May 31, 2010, the Defendant was committing a waste management business under the pretext of a waste management business investment loan to the victim, “Ambreging the victim,” and there is insufficient funds for the Defendant.

The purport was to “be repaid three months after lending the money to be invested.”

However, at the time, the Defendant did not know about the ship of the waste management business at the time, and did not intend to invest in the waste management business even if he borrowed money from the injured party.

Nevertheless, the Defendant, as seen above, was delivered KRW 1,20,000,000,000 to five times from the time on July 13, 2010, including by deceiving the victim and being delivered to the victim around May 31, 2010 by around KRW 38,40,000,00 from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1.C. The Agricultural Cooperative Account in Name C.