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(영문) 광주지방법원 2017.12.15 2017고단4217
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 20, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Personal Information Protection Act at the Gwangju District Court on July 20, 2016, and completed the execution of the sentence at the Gwangju District Court on January 18, 2017.

[2] On January 18, 2017, the Defendant, after being released from Gwangju prison on January 18, 2017, met with D, who was the births of the victim C during the prison life at that time, may receive money by lending money.

The loan of KRW 300,000 per share with the principal and interest rate of KRW 280,000,000 per share, and 140,000 shall be paid to the loan business company and 500,000 won with the interest rate of KRW 3,000,000

The loan of KRW 3 million shall be paid KRW 3.5 million on the one hand.

“A victim’s contact point was received”.

On February 8, 2017, the Defendant made a false statement that “The Defendant may borrow money from the victim as if he/she did so, to pay money” by phoneing the victim before the Defendant’s speech.

However, at the time, the defendant did not have a direct income, and the defendant was only liable for 20 million won in the financial sphere. The defendant operated the loan business before being confined to Gwangju prison, but half of the amount to be recovered was impossible, and the person who operated the loan business was paid interest to the victim due to the fact that he was in a clear situation in which the recovery was not possible with the claim-related documents and the person who operated the loan business was paid the victim interest. Therefore, even if he borrowed money from the damaged person, he did not have an intention or ability to do the loan business.

Nevertheless, on February 9, 2017, the member received 8.1.6 million won from the damaged party’s account in the name of the Defendant’s parent-child E account (Account NumberF) and received a total of 13,7120,000 won from that time to May 29, 2017 in the following manner, as indicated in the list of crimes:

In this respect,

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