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(영문) 광주지방법원 목포지원 2018.10.15 2018고단333
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 3, 2014, the Defendant made a false statement to the victim D that “F will lend 10 million won to the victim and pay the interest calculated on a 10-day basis” at the “F restaurant located in Sinpo City E, G.”

However, in fact, the defendant thought that he would receive money from the injured party to pay his personal debt and deliver the money to G, and there was no particular property or income at the time, so even if he borrowed money from the injured party, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, as seen above, received KRW 10 million from the victim to the Agricultural Cooperative (H) account under the name of the Defendant on the same day, and acquired KRW 25 million in total on three occasions from around that time to April 10, 2014, such as the list Nos. 1 to 3 of the crime list Nos. 1 to 3.

2. On July 12, 2012, the criminal defendant against the victim C made a false statement to the “F” located in Sinpo-si E, Sinpo-si, stating that “The victim would immediately raise a large amount of money.”

However, in fact, the defendant thought that he would receive money from the injured party to pay his personal debt and deliver the money to G, and there was no particular property or income at the time, so even if he borrowed money from the injured party, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received 4.7 million won from the victim to the Agricultural Cooperative (H) account under the name of the Defendant on the same day, and acquired 12.5 million won in total on three occasions from around that time to August 27, 2014, such as the list Nos. 4 through 6 of the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes on each complaint, details of transactions in passbooks, cash custody certificates, cash loan certificates, account details, and text contents;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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