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(영문) 광주지방법원 2017.09.01 2017고단2149
사기
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

1. On February 2, 2015, the Defendant sent a phone call to the victim B (V, 34 years old) in the French land below Gwangju, 2015, saying, “The Defendant was engaged in the delivery of Mat in Gwangju, and the Defendant was required to purchase the vehicle, and would pay the vehicle monthly if he/she lent the down payment of KRW 7 million.”

In fact, at the time, the Defendant did not have a plan to purchase the vehicle, and it was difficult to repay the principal and interest of the loan amounting to KRW 15 million with the monthly income of KRW 2 million, and even if he did not borrow money from the damaged party due to no particular property, he did not have any intention or ability to repay it.

Nevertheless, on February 4, 2015, the defendant deceivings the victim and transferred KRW 7 million to the post office account (D) in the name of the defendant around February 4, 2015 from the victim.

2. On March 13, 2015, the Defendant made a false statement that “The Defendant would make monthly payments to the victim by lending KRW 20 million as an intermediate payment for vehicles,” to the victim in the French land of Gwangju and lower levels.

In fact, at the time, the Defendant did not purchase the vehicle, and it was difficult to repay the principal and interest of the loan amounting to KRW 15 million with monthly income of KRW 2 million, and there was no intention or ability to repay even if he borrowed money from the damaged party due to no particular property.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 15 million in cash and check from the agricultural cooperative located in Gwangju as of the same day from the injured party; and (c) received KRW 5 million in cash and check around March 16, 2015.

3. On April 15, 2015, the Defendant: (a) in the French area of Gwangju (Seoul) around April 15, 2015, the Defendant: (b) falsely stating that “The Plaintiff would pay KRW 2.8 million each month for KRW 27 million borrowed from the name of the party in order to lease the vehicle for the vehicle for the vehicle for the wife of the wife of the wife of the Republic of Korea; (c) paid the amount of the face value of KRW 27 million; and (d) paid the amount of the lease deposit to the victim.”

At the time of fact, the defendant was 2 million won monthly income and 15 million won.

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