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(영문) 전주지방법원 군산지원 2018.12.21 2017고단1365
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On March 4, 2016, the Defendant: (a) around 2016, at the Defendant’s residence located in Sinsan-si, Sinsan-si; (b) on February 4, 2016, the victim C to enter into a lease contract with the victim C while 150 million won is to enter into a lease contract; (c) as the money shortages; and (d) by October 2016, the Defendant would be repaid to the victim C.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he would use the above money to pay his personal debt rather than the deposit money. At the time, his personal debt reaches about 70 million won, and even if he borrowed money from the damaged party by paying most of the monthly payments, monthly payments, interest, etc., he did not have any intention or ability to pay the money normally.

Nevertheless, on March 4, 2016, the Defendant was granted KRW 25 million in cash as the borrowed money from the F in the Si/Gunsan-si E around March 4, 2016, from the victim by deceiving the victim as above.

2. On April 1, 2016, the fraud defendant around March 1, 2016, in the residence of the defendant in Si/Gun/Gu around March 15, 2016, the defendant paid consolation money to the victim who is in the lawsuit of consolation money with the husband, and if he lends 10 million won, he/she would receive consolation money until October 2016.

The phrase “ makes a false statement.”

However, the defendant did not have a claim for consolation money with her husband, and even if he borrowed money from the injured party as stated in paragraph 1, he did not have an intention or ability to pay the money normally.

Nevertheless, on April 1, 2016, the defendant had been granted KRW 10 million in cash from the Jeonju District Court's Gunsan Branch, which was located in the area of Chosan-si, Sinsan-si around April 1, 2016 to the victims of deception by deceiving the victims as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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