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(영문) 광주지방법원 목포지원 2015.02.26 2014고단1303
사기
Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Around March 2009, the criminal defendant against the victim B made a false statement to the victim B’s house located in Yong-gun, Chungcheongnam-gun, Seoul, stating that “The victim B will pay a customs duty to the victim, loan only one million won, and return it.”

However, the defendant had almost no income due to the lack of management between the seeds operated at the time, and the defendant was responsible for the debt of approximately KRW 80 million to other persons such as D, so even if borrowed money from the victim, he did not have the intention or ability to repay it normally.

The Defendant received a total of KRW 14 million from the victim four times from that time until April 9, 2009, including the fact that the Defendant received a cash of KRW 1 million from the victim, namely, from the victim as a loan, from the victim, from April 9, 2009.

2. On May 8, 2013, the Defendant made a false statement to the victim E from the Defendant’s house located in the Seoul-Naman-gunF on May 8, 2013, stating that “The Defendant shall lend KRW 15 million to the victim E.”

However, the defendant did not have any revenue because of the difficulties in the management between the seeds operated at the time, and the defendant paid off the borrowed money from other persons, so there was no intention or ability to pay the money normally even after borrowing it from the victim.

The Defendant received 15 million won in cash from the victim as the borrowed money on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement G and B;

1. An investigation report (in cases of accompanying documents submitted);

1. A criminal investigation report (victim B currency report);

1. - Application of Acts and subordinate statutes governing cash custody.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The accused and the accused under Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings of Application for Compensation;

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