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(영문) 전주지방법원 군산지원 2021.02.10 2019고단1156
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 became final and conclusive.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to one year to a suspended sentence of five months for fraud at the Jeonju District Court on January 24, 2015, and the judgment was finalized on November 20, 2015. On November 20, 2015, the Defendant was sentenced to two years of a suspended sentence of imprisonment for four months for fraud in the Jeonju District Court Military Branch Branch Branch, and the judgment became final and conclusive on November 28, 2015. On June 26, 2019, the Defendant was sentenced to two years of a suspended sentence of six months for the same crime in the said Military Branch Branch Branch, and the said judgment became final and conclusive on July 4, 2019.

On October 12, 2011, the Defendant loaned money to the victim’s office in front of the victim’s office in the Hasan-si apartment B, “A permit for quarrying was obtained from Chungcheongnam-gun, and from December 17, 201 to May 30, 2012, the Defendant borrowed money from the victim’s office in front of the Hasan-si apartment. The principal is to receive and return the fry money from the stone supply office in the middle of each month, and to pay the 1,000 won for each additional year.

“The phrase “ was false.”

However, the Defendant did not obtain quarrying permission and did not have concluded a stone supply contract with E. It was also permitted under the condition that E used the collected stone only for raising the building stones in South west High-Speed Railroad Construction Work, but the permitted period was terminated on September 30, 201, and the money borrowed from the injured party was used only for personal living expenses, etc., so there was no intent or ability to return the borrowed money as agreed by the injured party and pay profits.

Nevertheless, the defendant deceivings the victim as above and acquired the total sum of KRW 20 million from the victim's cash on the same day and from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Responses, investigation reports (to hear the statements by telephone staff in charge of reference E), copies of notification of permission to collect earth and stones, replies to requests for cooperation in investigation, investigation reports (related to permission to collect earth and stones and delivery of money), copies of consultation (agreements), and receipts;

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