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(영문) 광주지방법원 순천지원 2020.02.18 2018고단2287
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

around 09:00 on December 22, 2017, the Defendant stated that “A victim C shall have no money, and shall be repaid with interest at KRW 150,00,00,000,000 after one month, if the Defendant borrowed KRW 3 million.”

However, the defendant did not have any particular income at the time, and there is no intention or ability to complete payment even if he borrowed money from the victim, as it is difficult for the defendant to pay interest to the amount of KRW 10 million and KRW 230 million in personal debts of the defendant.

As above, the Defendant, by deceiving the victim, received KRW 3 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, on December 26, 2017.

Accordingly, the defendant deceivings the victim and received property from the victim.

Around January 12, 2018, the Defendant stated to the effect that “The number of days was 20 years or more when the victim E was inside” to the victim in the singing room for the operation of the victim E located in Ma at Ma at Macheon-si. There is a large number of good customers. There is no concern about the possibility of softening, so it is likely that the Defendant would give half of the profit by gathering money well.”

However, the defendant, without a certain occupation, was liable for the debt of several billion won while playing the bonds without a certain occupation, and some of the borrowed money was thought to be used as the term of time, money, living expenses, etc.

The Defendant received KRW 9 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant, as well as from around that time to February 15, 2018, the Defendant acquired a total of KRW 110,900,000 through a total of 12 times, as shown in the separate crime list, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to the certificates of request for payment, each deposit transaction statement, each transaction statement, and each account statement;

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

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