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(영문) 전주지방법원 정읍지원 2019.09.05 2019고단5
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From May 2014 to June 201 of the same year, the Defendant made a false statement that “The Defendant would pay the victim D 2 to 2 to 3 times in the vicinity of paragraph (c) of the former Chang-gun, Chang-gun, and would receive more than KRW 100 million if he/she lends the money to the victim as he/she would have to purchase the boom fright at this place.” The Defendant made a false statement to the effect that the Defendant would pay the fright fright fright fright fright fright fright fright fright fright fright fright fright f

However, in fact, the Defendant had the intent to use one half or more of the money borrowed from the victim for personal use, not for the purchase of a spashion, and there was no basis to expect profits of 100 million won or more, and there was no property in possession, credit is weak, and there was no intention or ability to pay the money and interest borrowed in a considerable amount of personal debt within one year.

As above, the Defendant deceivings the victim as above, and, on June 5, 2014, obtained from the victim the total amount of KRW 15 million from the victim to the EF account in the name of the Defendant, around June 30, 2014, KRW 10 million around June 30, 2014, KRW 15 million around July 4, 2014, and KRW 10 million around July 16, 2017, respectively, by remitting the amount of KRW 50 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning G;

1. Statement made to D by the police;

1. Complaints filed by D, borrowed money certificates, details of transactions, payment orders, etc.;

1. A copy of the bankbook of H in the name of the H, the details of J financial transactions, and an investigation report (a report attached to the details of deposits transactions of the H in the name of the H);

1. Response upon a request for cooperation in investigation;

1. Application of the Acts and subordinate statutes on transaction details of accounts in G name and written request for financial transaction information;

1. The reason for sentencing under Article 347(1) of the Criminal Act that is applicable to the relevant criminal facts and Article 347(1) of the choice of criminal punishment is not the same criminal record as the criminal defendant was sentenced to a suspended sentence of one year in August 199 due to fraud, etc.

However, the defendant around 2014.

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