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(영문) 광주지방법원 목포지원 2018.05.11 2018고단169
사기
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A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant: (a) lent KRW 60,000,000,000 from the victim D known to ordinary level; (b) opened the “F” store in Seocho-gu Seoul, Seocho-gu; (c) there was no significant operating income from the main store; (d) from around 2013 to October 2016, the Defendant was under financial pressure by borrowing approximately KRW 44 million from G lending from G lending companies, etc.; (e) around September 2016, the Defendant was in arrears of KRW 13,20,000,000 per week; and (e) the Defendant’s house in which the Defendant was residing was difficult to raise funds to meet the obligation by using the deposit KRW 2 million and monthly rent KRW 80,000,000,000; and (e) there was no ability to repay money from other persons even if having borrowed money from other persons.

1. On January 19, 2012, the Defendant, at the “I” restaurant for the victim D’s operation in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, and at the “victim,” the Defendant provided the victim with a monetary credit to “the Defendant.” In short, the Defendant received KRW 2,00,000 from the Defendant’s bank account under the name of the Defendant’s name for the same day from the victim to receive KRW 2,00,000 from the Defendant’s bank account for the same day, and acquired the money by taking over KRW 58,20,000 from that time until July 26, 2016.

2. On January 2, 2015, the Defendant acquired KRW 38,100,00 in total from March 21, 2016, from that time, the Defendant acquired KRW 21,50,000 from the Defendant’s agricultural bank account under the name of the Defendant for the same day by taking over KRW 2,50,000 from the victim who borrowed money due to shortage of operating funds to the victim C. In addition, the Defendant acquired KRW 38,10,000 in total from March 21, 2016, as shown in the list of crimes in the attached Table (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each complaint and documentary evidence (the suspect, victim.).

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