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(영문) 광주지방법원 2016.04.27 2016고단482
사기
Text

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

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

Reasons

Punishment of the crime

On June 2014, the Defendant became aware of the Victim B around 2014, and at any time, there is 5 studio in the Standing District, 4th floor building in the vicinity of C Hospital, and is owned by the apartment house currently living there.

There has been much emphasis on re-performance, such as “......”

1. On July 20, 2014, the Defendant acquired clothes by deception: (a) around July 20, 2014, at the “E” clothing store operated by the victim B of the D Building 102 in Gwangju Mine-gu, the Defendant told the victim that “the price of clothes will be paid immediately to the victim” by purchasing five clothings, such as Bobbro briter T, etc.

However, the defendant did not have any intention or ability to pay the price normally even if he purchases the clothes from the damaged person due to the lack of fixed income or particular property.

The Defendant, as such, by deceiving the victim and receiving five points of clothing equivalent to KRW 6.70,00 in the market price from the victim, from October 30, 2014 to October 30, 2014, received the clothing, etc. equivalent to KRW 6,405,00 in total on 12 occasions, such as the previous sheet of crimes (1).

2. On August 26, 2014, the Defendant decided to enter into an agreement with the victim B without filing a report on the occurrence of a traffic accident while driving a non-licensed drinking.

The phrase “a request was made to lend money in the form of a mutual agreement.”

However, the defendant did not have any intention or ability to pay the money even if he borrowed money from the damaged party due to no fixed income or particular property.

On August 26, 2014, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the account in the name of the Defendant’s father F with the loan borrowed money from the victim, from the time on December 9, 2014, and acquired the money by remittance of KRW 10,40,000,000 from the victim five times in total, as shown in attached Table (2) from December 9, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The police officers related to B and G.

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