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(영문) 광주지방법원 2017.05.12 2016고단5871
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 2, 2015, around 15:00, the Defendant stated that the Defendant would take up the Victim F through D and E, the Defendant’s seat, at the infinite coffee shop near the Gwangju District Court located in Gwangju-dong, Gwangju-gu, as the vice president of G University, and that the Defendant would take the Defendant as the vice president of G University, and that “I will take the Defendant as the staff of G University, the 100 million won as the son of G University.”

However, the Defendant was not the vice president of G University, and even if he was given KRW 100 million from the injured party, the Defendant did not have the intent or ability to employ the victimized party's children as the faculty members of G University.

The defendant deceivings the victim as above and acquired KRW 100 million from the law firm I located in the Dong-gu, Gwangju and 109 on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Entry of each part of the protocol concerning the examination of suspect in the prosecution against the defendant or E;

1. Making each statement concerning D concerning the suspect examination protocol of each prosecution;

1. Statement made to the public prosecutor's office with regard to F;

1. Statement prepared by the F;

1. The Defendant and the defense counsel denied the charges on the following grounds: (a) the process certificate, deposit details, copy of the loan certificate, the content of the Kakao Stockholm, investigation report (the result of execution of a warrant of search and seizure for account tracking), bank reply data, the J statement, and the K loan certificate [the Defendant and the defense counsel are not pure loan money, but purely borrowed money that the Defendant was employed by the injured children as the faculty of G University, and (b) the injured children were employed by the injured children as the faculty of G University on the 100 million won transfer to the Defendant and pressure the Defendant.

However, in full view of the following circumstances acknowledged by the evidence adopted and investigated by this court, the facts charged of this case can be sufficiently recognized.

(1) A victim's investigative agency corresponding to the facts charged.

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