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(영문) 전주지방법원 2019.07.23 2019고단605
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 14, 2018, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Southern District Court Branch of the Jeonju District Court on February 2, 2019. The judgment was finalized on February 2, 2019. On April 11, 2019, the Defendant appealedd four months of imprisonment with prison labor for the same crime at the Jeonju District Court and is still pending in that judgment.

On July 2017, the Defendant concluded that, within the “J” operated by the victim I in the Southern-si of the Southern-si, the Defendant supplied food materials to the victim at the fourth level of the Jeonju High School, and that it is difficult to supply food materials to the school due to lack of the cost of food materials. The Defendant made a false statement that the Defendant would immediately repay food materials to the school if the money in the school is paid off.

However, in fact, the Defendant did not supply food materials to the school, and there was no particular income other than the average of KRW 100-2 million per month from the sale of Kim Il-de at the time, while there was no intention or ability to pay the food materials even if he borrowed money from the victim because he had been able to use the personal debt amounting to approximately KRW 380 million for the repayment of personal debt.

The Defendant received five million won in cash from the victim around August 4, 2017, from that time, from that time until August 20, 2017, in total, five million won, as shown in the annexed Table, from that time, from that time, until August 20, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Statement (I);

1. Each certificate of borrowing;

1. Investigation report (related to the attachment of data on the case of transfer);

1. Before ruling: Application of a reply to criminal records, a criminal investigation report (Attachment report to the same type of judgment, etc.) and statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

1. The circumstances below the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, and the age, character and conduct, environment of the defendant, and the motive and circumstances of each of the crimes in this case.

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