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(영문) 광주지방법원 해남지원 2018.11.08 2018고단74
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around June 10, 2008, the Defendant made a false statement to the effect that “Around June 10, 2018, the Defendant would also prepare and offer a fair deed of promissory notes with face value of KRW 20 million to the victim F through E from the backway of D in Jongno-gu Seoul Metropolitan Government, to the victim F through E.

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

However, on June 10, 2008, the Defendant received a cash of KRW 500,000 from the damaged person as a loan, and received KRW 300,000 to the account of G person’s bank account, as well as received KRW 17,50,000,00 in total, as shown in the attached list of crimes.

2. On July 25, 2008, the Defendant of Jongno-gu Seoul Metropolitan Government on July 2018, 2018, the Defendant: (a) on the Defendant’s replacement vehicle parked in the Category D parking lot located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government, and (b) on the victim F, the Defendant “three canes with the Defendant.”

C. Daomond will be sold to the church within a week through the church's land.

“The phrase “ was false.”

However, in fact, the defendant did not have the intention or ability to pay the sale proceeds to the victim by disposing of the Montreal within a week.

In this regard, the defendant deceivings the victim as above, and he immediately obtained a large amount of money equivalent to 12 million won at the market price from the victim and acquired it by defrauding the victim.

Summary of Evidence

"2018 Highest 74"

1. The defendant's legal statement (as at the sixth public trial date);

1. Each legal statement of witness F and E;

1. A copy of bankbook;

1. Copies of promissory notes;

1. Copy of a process deed;

1. A copy of a motor vehicle registration certificate "2018 Highest 258";

1. The defendant's legal statement (as at the sixth public trial date);

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes governing the storage of goods;

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

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