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(영문) 광주지방법원 순천지원 2018.08.31 2018고단537
사기
Text

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, on April 201, 201, 201, was friendly with C (former D) with a victim (former D) who works for the same work while working in a singing singing machine, and had a friendly relationship used to obtain money.

On April 28, 2011, the Defendant: (a) at the victim’s house located in Sari city E on April 28, 2011, the Defendant had no money to seek a room for F to commit suicide by a woman, who was living together with F, from his house; and (b) he would receive a full payment within one million won from his own house.

“A false statement” was made.

However, at the time, the Defendant had a debt of KRW 600-700,000,00 for personal debt, etc., and on the contrary, the Defendant borrowed money from the neighboring people due to the absence of other assets, and was able to receive the said money from the damaged persons and to use the said money for personal use, and did not have any intent or ability to pay the money.

The Defendant, as above, received KRW 1 million from the date of deceiving the victim and then transferred to the Agricultural Cooperative Account (G) in the name of F used by the Defendant on the same day from the victim, from August 25, 2014, the Defendant acquired KRW 238,710,000, in total, from the victim on 221 occasions under the name of the borrowed money and the fraternity, as shown in attached Table 1 re-accompon 1.

On May 23, 2012, the Defendant stated that “Around May 23, 2018, the Defendant would pay the principal and interest to the victim I in lieu of the card price of eight million won.”

However, at the time, the Defendant did not have any special occupation and was in bad credit standing due to the Defendant’s failure to repay his/her obligations, such as a savings bank loan for about 10 years prior to the absence of income, and the Defendant borrowed money from the neighbors to prevent the Defendant from returning his/her existing obligation by borrowing money from him/her in order to repay the debt amounting to approximately 40 million won.

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