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(영문) 광주지방법원 2018.06.20 2018고단441
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2014, the Defendant loaned money to the victim E within the Dong-gu Seoul Special Metropolitan City D Public Notice Board (Seoul Special Metropolitan City) on or around November 30, 2014.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received cash 1 million won from the victim who is affiliated with it, and acquired it by fraud.

2. On December 10, 2014, the Defendant: “In order to obtain a subcontract for construction works ordered by Sungsung-gun, the Defendant would be paid the construction cost, if he/she borrowed KRW 10 million, as the initial construction commencement amount is required.”

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, by deceiving the victim as such, 9.5 million won was remitted to the post office account (Account Number:F) in the name of the defendant on the same day from the victim.

3. On February 4, 2015, the Defendant: (a) around the construction site located in Gwangju Northern-gu G, Gwangju, the Defendant ordered the victim to undertake the construction of water supply works ordered by the Navy.

If the construction is completed, the profit of KRW 100,000,000 will be paid by 10% per month on the loan of KRW 20,000.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received 20 million won from the victim to the post office account under the same paragraph prior to the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of a letter, details of account transactions, and copies of passbooks;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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