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(영문) 전주지방법원 정읍지원 2017.11.30 2017고단165

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 25, 2015, the Defendant was sentenced to eight months of imprisonment for fraud in the Militarysan Branch of the Jeonju District Court, and the said judgment became final and conclusive on January 6, 2017.

【The Defendant did not run a friendly relationship with the Defendant. The Defendant did not have any personal debt of 6 million won, and was in bad credit standing. Even if he borrowed money for the purpose of running a friendly business from the injured party as he did not have good economic condition to the extent that he/she applied for the personal rehabilitation, he/she did not have the intent or ability to pay it to the injured party.

Nevertheless, on January 3, 2014, the defendant, at the victim D's house located in the Gunsan-si C, it is necessary for the victim to perform funeral services in the Gu.

The number of days is marked.

A false statement was made to the effect that "I will make repayment in the number of days if I loan 1 million won or more."

The defendant was granted one million won on the same day from the injured party and the same year.

4. By November 1, 200, an amount of eight million won was delivered three times in total as shown in the annexed list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement [the Defendant operates the head office at the time of receiving the instant loan, engaged in several monetary transactions with the victim, and delayed repayment of the loan money, and did not receive money from the victim with the intent to borrow money without any intention or ability, and the Defendant did not receive money with the intent to borrow money. The Defendant was convicted of fraud because he borrowed money from several persons including D, including D, and was found guilty of fraud because he did not repay money, and the Defendant did not pay not only the principal and interest of the money borrowed for three years after the victim borrowed money from the victim, but also the Defendant borrowed money from the victim.