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(영문) 전주지방법원 2018.05.30 2018고단284

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Jeonju District Court on November 22, 2015 and completed the execution of the sentence at the Jeonju Prison on November 22, 2015.

[Criminal facts] The Defendant is the subject of the number system (not later than 13 times) beginning on July 27, 2016, and the victim is an instructor who joined Nos. 2, 6, and 12.

On August 27, 2016, the Defendant stated to the effect that “The Defendant would pay interest of KRW 50,000,000 per month to the victim in the multilateral bank operated by the victim D in the vicinity of the Seoul Special Metropolitan City, Busan Special Metropolitan City, as the victim would have leased KRW 10,000 to B at this time.”

However, in fact, the Defendant had been in the state of enemy, and there was no active property or fixed profit, so even if the Defendant borrowed money from the injured party, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim and allowing the victim to borrow money of KRW 10 million instead of receiving the guidance money, thereby avoiding the payment of KRW 10 million,00,000,000 from May 5, 2017 to avoid the payment of KRW 20,000,000,000 from the time to May 5, 2017, and acquired the money by obtaining the payment of KRW 28,00,000 as the borrowed money six times in total.

[5 million won delivered on May 5, 2017: The victim consistently from the investigation stage to May 5, 2017, the victim lent 5 million won to the defendant on May 5, 2017.

There is no circumstance to suspect the credibility of the statement.

Defendant

The prosecution also borrowed KRW 5 million from the injured party on May 5, 2017 at the time of investigation.

was stated.

Considering the above circumstances, the Defendant borrowed KRW 5 million from the injured party on May 5, 2017.

[Recognition] Summary of evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. The certificate of borrowing and the details of each passbook transaction, 1.0