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(영문) 광주지방법원 2016.07.13 2016고단1700

사기

Text

The punishment of the accused shall be determined by two months of imprisonment.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to one year of imprisonment for fraud in the Gwangju District Court's Netcheon Branch, and the judgment became final and conclusive on May 19, 2016.

The Defendant had no intent or ability to repay the debt to the bank without certain property when operating an entertainment store in the name of "D" in the Nam-gun C of the Republic of Korea, and even if he/she borrowed money privately from Da, E, F, etc. due to a large amount of money borrowed from the victim G, he/she did not have any intent or ability to repay the debt.

Nevertheless, the Defendant:

1. On March 26, 2014, the said “D” made a false statement to the victim that “if the victim borrowed KRW 5 million as it requires the primary payment of KRW 5 million due to the need for the advance payment of KRW 1 million, the victim was transferred KRW 5 million to the Agricultural Cooperative (H) account in the name of the Defendant on the same day from the victim.”

2. On April 11, 2014, at the same place as paragraph 1, there is insufficient money for the victim to pay the time limit to the victim.

The loan of KRW 500,000,000,000 is a false statement to the effect that it operates the above main points, and that it was transferred to the Agricultural Cooperative Account (H) in the name of the defendant on the same day from the injured party.

3. On May 23, 2014, at the same place as Paragraph 1, the victim must pay the card price to the victim.

The loan of KRW 5 million was made by means of false words, stating that it would be repaid immediately as the money was paid out, and that it was transferred to the Saemaul Treasury account (J) in the same day from the injured party.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution (including part of the interrogation of the accused and G statements);

1. Statement made by the police in relation to G;

1. Investigation report (Attachment, etc. of the text of the judgment);

1. A certificate of details by member trading account;

1. A previous conviction: A criminal history inquiry and investigation report (the final and conclusive facts of the judgment) (the delivery of a total of KRW 15 million to the defendant three times during the period in which the injured person becomes aware of two months, and the details of the school shall be examined.