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(영문) 광주지방법원 순천지원 2015.06.03 2014고단2119

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) around April 15, 201, at a non-exclusive restaurant located in the Dong-dong in Busan Metropolitan City around April 15, 201, called “a business loan of KRW 50 million, KRW 1,300,000,000 for each month interest shall be paid, and the principal shall be repaid after two years.” However, the Defendant was in a situation where the personal liability against D, etc. was approximately KRW 65,00,000,000 for overdue credit card payment was about KRW 10,000,000,000,000, and even if he borrowed money from the victim, he was considered to be used for the repayment of personal liability, not for the business fund, and did not

Around April 22, 2011, the Defendant, by deceiving the victim, received KRW 50 million in total from the victim, to the Busan Bank account in the name of the Defendant’s name, KRW 20 million, the Nong Bank account in the name of F, and KRW 15 million in the name of G to the Jeju Bank account in the name of G.

2. On June 201, 201, the Defendant stated that “The Defendant shall lend additional KRW 10 million to the Defendant that he/she intends to operate his/her business in Busan Metropolitan City,” and that “it shall be repaid within two years, along with the amount of KRW 50 million.” However, the Defendant’s economic situation at the time of the above circumstances, even if he/she borrowed money from the victim, it was thought that he/she will be used for the repayment of personal debt, not business funds, and there was no intention or ability to repay the principal as promised by the victim.”

The Defendant, as such, by deceiving the victim, received 10 million won in cash from the victim on the pretext of a loan, in other words, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement made by the police with respect to F (1, 2 times);

1. Application of Acts and subordinate statutes to the accusation, deposit certificate, details of each account transaction, copies of bankbooks, certificates of closure, and details of credit card use;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act among concurrent crimes.