(영문) 광주지방법원 2017.11.10 2017고단4175

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.11.10 2017고단4175

사기

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A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

On October 13, 2015, the Defendant: (a) at the new world department store parking lot located in Gwangju-dong, Seo-gu, Seo-gu, Gwangju; (b) was unable to pay the victim B a loan interest that the Defendant granted to the Plaintiff by providing a guarantee to the Plaintiff before he did not withdraw approximately KRW 5 million of the amount contained in the passbook due to the suspension of the entire head of the Tong in question; and (c) upon resolution of Boscing case, the Defendant would immediately lend the loan to the Plaintiff and pay the loan by selling even if he was aware of the loan.

The phrase “ makes a false statement.”

However, in fact, the defendant had a number of obligations at the time, and even if the suspension of the use of the head of the Tong is clear, there was no intention or ability to pay money to the victim.

As such, the Defendant, as stated in the list of crimes in the attached Table, by deceiving the victim and receiving KRW 200,000 from the account in the name of C on the same day from the victim, stated in the indictment that “the Defendant received property or acquired pecuniary benefits in an amount equivalent to KRW 51,020,100 in total from around that time to February 24, 2016,” but according to each of the following evidence, it is recognized that the Defendant acquired pecuniary benefits by allowing the victim to pay a certain amount by accessing the Internet site of Hegelcom and the Cloud Agreement, and even if it is recognized differently from the written indictment, it does not pose a substantial disadvantage to the Defendant’s exercise of his right of defense. Therefore, it is revised ex officio without changing the indictment.

The defrauded obtained it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the police against B;

1. A trade statement in the name of the injured party Gwangju Bank, a new card transaction statement in the name of the injured party, a statement of transaction in the name of the injured party, a statement of transaction in the agricultural bank account in the name of the injured party (D), a statement of transaction in the name of the injured party (E), and the

1.The laws and regulations governing the response of age assessment information.

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