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(영문) 광주지방법원 2018.05.03 2018고단68
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who was engaged in construction business, etc. under the trade name C, a corporation,

1. On January 18, 2017, the victim D by telephone from Gangnam-gu, Seoul to the victim D around January 18, 2017, after the month from which the victim leased KRW 47.5 billion to the victim D by telephone;

2.To pay 50 million won, including interest, up to 18.

“The phrase “ was false.”

However, the fact is not clear that the defendant was entering the court at the time, and the defendant was operated.

C A corporate debt was registered as a collateral security of the maximum amount of 7.2 billion won over the debt amount of 6 billion won, and the personal debt of the defendant is also 450 million won or more, and even if the defendant borrowed money from the defendant, he did not have any intention or ability to repay the debt to other creditors due to the so-called return prevention.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim as such, wired the victim to Busan Bank Account (Account Number: E) in the name of the Defendant, with a total of KRW 47.5 million, around January 18, 201, around KRW 37.5 million, around January 19, 2017, and KRW 10 million, around January 19, 2017.

2. On January 24, 2017, the victim called the victim at the Gangnam-gu Seoul Eastdong and lends KRW 38 billion to the victim at the time of entering the port of February, 2017.

2. up to 23, a false statement was made that “A reimbursement of KRW 40 million, including interest, will be made.”

However, the facts did not have the intention or ability to repay even if they borrowed the money from the injured party, such as the preceding paragraph.

Nevertheless, the Defendant, as such, by deceiving the victim and by deceiving the victim, received the remittance of the amount of KRW 38 million on January 25, 2017 from the victim to the Busan Bank's store account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A complaint and a copy of certification;

1. Details of the Kakao Stockholm dialogue;

1. An inquiry about details of each transaction, and a full certificate of each registered matter;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment (the choice of imprisonment).

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