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(영문) 전주지방법원 2018.05.11 2017고단2276
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 12, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud at the Jeonju District Court on March 15, 2018, and the judgment became final and conclusive on March 15, 2018.

On August 21, 2013, the Defendant, by telephone, purchased a vehicle with the said money at the time of making an investment, and may sell it to the victim C and return it.

The third part of each month stated that the Rotten Investment Gu shall pay the interest.

However, in fact, the Defendant did not have any intent or ability to pay interest, or to pay principal, even if he borrowed money from the injured party, because he merely received money from the injured party to repay obligations to the other debtor or to use it as living expenses.

Nevertheless, as seen above, the defendant deceivings the victim and received KRW 30 million from the victim, as well as from March 19, 2014 to March 16, 2014, the defendant deceivings the victim by the above method, and received KRW 190 million in total from the victim, and acquired it by deceiving the victim from the victim.

Summary of Evidence

Application of Acts and subordinate statutes on the details of the police statement statement C to the defendant's legal statement

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing under Article 39(1) appears to be the criminal records of the defendant, and the fact that the injured party in this case appears to be placed in an economically difficult position; and the situation, such as equity with the case where a judgment has already become final and conclusive simultaneously with the case where a judgment has been rendered, shall be determined as ordered by the order;

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