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(영문) 광주지방법원 2016.06.01 2016고단923

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 10, 2015 to November 201, 2015, the Defendant continued to talk with each other using a cell phone number of smartphone conversations "Kakaoo Stockholm," and continued to make conversations with smartphone conversations, by exchanging the cell phone number of each other, with the fact that the Defendant became aware of sexual traffic by receiving a total of 200,000 won from the victim C, who was found to be a customer at a business establishment with no knowledge of the trade name in the Dong-dong, Gwangju-gu, Gwangju, from October 10 to November 2015.

그러던 중 피고인은 2015. 3. 15. 19:30 경 장소를 알 수 없는 곳에서 위 ‘ 카카오 톡’ 을 이용하여 피해자에게 “ 업소에서 하루 쉬게 되면 ‘ 뻑 비’( 하루 업소를 쉴 때 피고인이 업주에게 부담해야 할 비용) 로 70만 원이 필요한 데 50만 원만 빌려 주면 다음주까지 갚겠다.

“The phrase “ was false.”

However, in fact, at the time of borrowing money from the damaged party, the Defendant had no specific occupation and income, and the obligation owed was equivalent to KRW 90,000,000,000,000 for each month, and the interest that should be paid each month has already been paid at KRW 1.2 million, and there was no intention or ability to repay money even if the Defendant borrowed money from the damaged party due to the situation where mobile phone charges and hospital charges cannot

피고인은 이와 같이 피해자를 기망하여 이에 속은 피해 자로부터 피고인 명의의 신협 계좌 (D) 로 50만 원을 송금 받는 등 그때부터 2015. 8. 1.까지 별지 범죄 일람표 기재와 같이 채무 변제 및 뻑 비 명목 등으로 총 45회에 걸쳐 108,939,500원을 교부 받았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and statement protocol with respect to C by the police (second time);

1. Application of Acts and subordinate statutes to the investigation report (Correction of the total amount of damage), the editing of the contents of the Kakao Stockholm conversation, the payment statement (114 pages of investigation records), the payment statement of us bank, each new cooperation shall be made, and the transaction statement of the Nonghyup Bank shall be made;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense and Article 347(1) of the choice of punishment (Provided, That the entry No. 17 and 18 of the list of offenses listed in the annexed crimes shall be included respectively;