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(영문) 광주지방법원 순천지원 2018.10.26 2018고단812
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who has operated a D small bank in netcheon City C.

1. On February 4, 2016, the criminal defendant against the victim E loaned only KRW 4 million as the child in the victim's home was involved in a traffic accident and the hospital expenses are urgently required. On December 2016, the criminal defendant made a false statement to “to pay the time limit money to the victim”.

However, there was no traffic accident by the Defendant, and the Defendant did not want to waive the time limit money on December 2016, and had a debt to F at the time, and there was no intention or ability to pay money even if the Defendant borrowed money from the injured party, such as not being well in operation of the said call.

The Defendant, as such, by deceiving the victim, received 3.6 million won in cash from the damaged party, and received a total of 25.2 million won in cash from the damaged party, as shown in the attached list of crimes (1).

2. On September 28, 2016, the criminal defendant against the victim G did not have money to lend money to the customers accompanying the victim from the “I” bank of the victim G management “I” banked in Ma on September 28, 2016, and there is no money to request them to lend money. By May 28, 2017, the criminal defendant made a false statement.

However, as in the preceding paragraph, the Defendant was liable to F and E at the time, and even if he borrowed money from the damaged party, such as not being able to operate the said bank, he did not have any intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received a total of KRW 43.2 million over six occasions as shown in the attached Table of Crimes (2), including the Defendant, who received cash of KRW 13.5 million from the damaged party.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (three times, replacement of the accused);

1. Statement made by the prosecution with respect to E and G;

1. Investigation reports (as a result of analyzing the account of a suspect), investigation reports (as a result of accompanying five copies of the notes submitted by the accused), investigation reports (as a result of accompanying five copies), and investigation reports (as a suspect A.

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