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(영문) 광주지방법원 2020.08.20 2018고단5307
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant stated to the effect that “Around September 20, 2017, the Defendant would lend money to the party to the party, who was aware of, and would receive interest from, the party to the party, who would be paid from the party to the party, and would pay the principal at any time upon the request of the party to pay the principal.”

However, the Defendant did not lend money to the other party at the time, and the amount of money borrowed from the lending company, the lending company, and the other party reaches approximately KRW 200 million. If the Defendant borrowed money from the other party due to the absence of any particular property or income, the Defendant planned to repay the above debt with the money to the other party. However, it was false that the Defendant again lent the money of the victim to the other party and would receive the interest, and there was no intention or ability to pay the interest and the principal that the Defendant promised to pay to the victim properly.

As above, the Defendant, by deceiving the victim as above, received five million won from the victim as the borrowed money through the account of community credit cooperatives (E) in the name of the Defendant on the same day from the victim, and acquired it by taking 7,4760,000 won in total from September 20, 2017 to March 2, 2018 through cash or account transfer through the aforementioned method 25 times in total as stated in the attached Table of “crime List.”

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of examination of the suspect by the prosecution against the accused;

1. Each police statement of C;

1. The name of the debtor shall be the list when the suspect and the victim borrow money from the Stockholm photographs, the statement of passbook of community credit cooperatives in the name of the victim, the statement of transactions by account of the victim, the statement of deposit transactions by account of the victim, and a copy of the camera;

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