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(영문) 광주지방법원 2018.03.13 2017고단5780
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant was sentenced to a suspended sentence of two years for fraud at the Gwangju District Court on August 19, 201, and the judgment was finalized on the 19th day of the same month, and operated the B dance institute.

1. On January 26, 2015, the Defendant: (a) around 2015, the victim C introduced by a branchr in a restaurant located in the Dong-gu, Gwangju-gu, Gwangju-gu, with “Accomparing money is urgently needed to operate a dance institute; and (b) he/she will complete the payment without a mold one month after lending 12 million won to the branchr.

“The phrase “ was false.”

However, at the time of fact, the Defendant had a debt of KRW 17 million for 4 persons such as D, and the income of D D D D D D D D D D D D DD also had no intent or ability to repay it even if the Defendant borrowed money from the injured party because it had not been used as a repayment of principal and interest of bonds and a monthly salary of instructors.

Nevertheless, the Defendant, as such, by deceiving the victim, received money from the victim to the head of the Tong in the name of his/her father in the name of his/her father.

2. On April 14, 2015, the Defendant: (a) on April 14, 2015, the victim “a public performance would have earned profits, and requires money in preparation for public performance.”

A performance with a loan of KRW 35 million and a performance shall be carried out by dividing the amount of KRW 4 million to KRW 5 million per month each time a public performance is received, with a loan of KRW 35 million and KRW 12 million prior to the performance.

However, as provided in the preceding paragraph, the Defendant did not have any intent or ability to repay the borrowed money from the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received 35 million won from the victim to the passbook in the name of his/her father.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A process deed;

1. Details of passbook transactions;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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