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(영문) 전주지방법원 2015.12.17 2015고단1663
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

[Criminal Power] On August 30, 2013, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Incheon District Court

9.7 The above judgment was finalized.

【Criminal Facts】

1. Around December 2011, the Defendant made a false statement to the effect that, in the singing room for the victim’s operation in Yangcheon-gu Seoul Metropolitan Government, “the victim used the number of days and did not pay interest.” The Defendant borrowed KRW 100,000 only, an installment savings would have been repaid in the following month.”

However, the Defendant had been in excess of his/her liability at the time, and the above installment savings was the installment savings of E, which was divorced, and the Defendant did not have any right to the above installment savings, so even if he/she borrowed money from the victim, the Defendant did not have any intent or ability to repay it.

Nevertheless, the Defendant acquired 10 million won from the victim to the single bank account (F) in the name of the Defendant by means of money borrowed from the victim.

2. On February 2, 2012, the Defendant made a false statement to the effect that “The Defendant shall pay the victim an urgent amount of money.” The Defendant borrowed KRW 10 million at once with the loan extended to KRW 10 million.”

However, in fact, the defendant was unable to borrow money from the victim under his/her own name because he/she borrowed money from the victim in his/her own name because of lack of his/her living expenses and music operation expenses, so even if he/she borrowed money from the victim, he/she did not bring about a kind of money, or did not have the intention

Nevertheless, the Defendant acquired 8 million won from the victim to the above single bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (related to the submission of transaction statements of passbooks);

1. Previouss before ruling: Criminal records and other inquiries, and the summary of the case agreement aid;

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