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(영문) 광주지방법원 2017.10.20 2017고단3179
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2012, the Defendant operated an advertising company called C in the name of the Defendant from around 2012, and from June 2016, the Defendant operated a restaurant called E in Gwangju Northern-gu D.

The Defendant was frequently in arrears with income tax, and even if he borrowed money from the Victim F due to economic difficulties, such as receiving cash services with credit cards or preventing the repayment of debts through bonds, there was no intention or ability to repay the money.

Nevertheless, the defendant, on May 18, 2015, called the victim on the French land not exceeding Gwangju, about 14:00 on May 18, 2015, and then called the victim to pay 4 million won after three months if he/she lent it to the victim because there is no material that he/she received from the public office.

“A false representation was made.”

Thus, the defendant deceivings the victim as above and transferred 3.15 million won to the Agricultural Cooperative Account (H) in the name of the defendant's married G from the victim.

In addition, from around that time to July 2016, the Defendant deceivings the victim on a total of eight occasions, such as the list of crimes in the attached list of crimes, and deceivings the victim on a total of 15,531,757 won from the victim.

Around February 15, 2016, the Defendant stated that “Around February 15, 2016, the Defendant would complete an election and complete payment until April 15, 2016, if he/she borrowed KRW 2 million as materials are too large due to an election,” to the Victim K.

However, the Defendant was in arrears with the income tax of KRW 20 million at the time, and even if he borrowed money from the damaged person due to economic difficulties, such as receiving cash services with a credit card or preventing the repayment of debts through bonds, he did not have any intention or ability to repay the money.

The Defendant received 2 million won in cash from the injured party, i.e., the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2017 Highest 3179]

1. Statement by the defendant in court;

1. Defendant, ..

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