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(영문) 광주지방법원 2016.08.18 2016고단1043
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. The Defendant against the victim B calls to the victim B on June 2012, 2012, and calls to the victim B to lend KRW 5 million to the victim 5 million. The money will be repaid by harvesting to the victim B.

The phrase “ makes a false statement.”

However, in fact, the defendant reported the enemy due to the aggravation of the operation of the orchard, and even if he borrowed the above money from the injured party, he did not have any intention or ability to complete payment.

Around June 13, 2012, the Defendant received KRW 5 million from the damaged party’s account in the name of the Defendant.

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

2. On June 13, 2012, the Defendant: (a) called the Victim C by phone calls to the victim; and (b) borrowed money from the Victim C because he/she lost a lot of money while gambling.

The money shall be repaid to the party, five million won, which shall be repaid. The money shall be repaid to the 10-month, because it shall not be paid to the farmer.

“A false statement” was made.

However, in fact, the defendant reported the enemy due to the aggravation of the operation of the orchard, and even if he borrowed the above money from the injured party, he did not have any intention or ability to complete payment.

Around June 13, 2012, the Defendant received KRW 5 million from the damaged party’s account in the name of the Defendant.

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

3. The criminal defendant against the victim D calls the victim D around June 2013 to lend KRW 10 million to the mother, who is urgently required to pay the money. The Defendant is able to make a full payment on the part of the month in which he/she was placed.

“A false statement” was made.

However, in fact, the Defendant reported the enemy due to the aggravation of the operation of the orchard, and even if the debt at the time reaches approximately KRW 550,000,000,000 in excess of the assets held by the Defendant, the Defendant would have to pay the debt even if he borrowed the above money from the injured party.

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