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(영문) 광주지방법원 2020.10.29 2020고단3919
사기
Text

A defendant shall be punished by imprisonment for three years.

The defendant is 76,710,00 won and application for compensation to BV, an applicant for compensation.

Reasons

Punishment of the crime

[200 Highest 3919] The Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court on April 3, 2014, and completed the execution of the sentence on October 3, 2014.

【Criminal Facts】

On May 19, 2017, the Defendant made a false statement to the victim BZ, a high school student, who became aware of in front of the BY apartment path in Gwangju Mine-gu, Gwangju, stating, “It is necessary to pay money in order to terminate the current lawsuit because the account has been seized. If the account is leased in one million won, the Defendant would terminate the account and give KRW 400,000 as interest.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because he did not have any lawsuit or the account was seized at the time.

As above, the Defendant, by deceiving the victim and receiving KRW 1 million from the victim for the purpose of terminating seizure of the account on the same day, was paid KRW 5,035,00 in total seven times from around that time to August 2, 2017 by means of cash or account transfer in the same manner as the attached Table 1, from around that time.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

[201. [Attachment 4046] The Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court on April 3, 2014, and completed the execution of the sentence on October 3, 2014.

【Criminal Facts】

1. On August 2017, the Defendant, around August 2017, called “CC” operated by the victim CB in Busan High-gu Busan High-gu CA around August 2017, the Defendant made a false statement to the effect that “I wish to lend money to the head office of Seoul, because I do not have cash. I wish to lend money. I wish to do so at this small place. I will see in writing that I want to make investments.”

However, the defendant's particular property or income.

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