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(영문) 전주지방법원 남원지원 2018.10.16 2018고단136
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 16, 2017, the Defendant, at the “E” office for the victim’s D operation in South Won-si, is obliged to compensate the victim for KRW 20 million of the LG scholarship because he/she would not work in the LG while he/she graduated from the school with the scholarship from the LG.

On July 2017, 2017, if you lend KRW 20 million, they will receive loans from financial institutions as collateral in the name of ASEAN at the time they come to Korea.

“The phrase “ was false.”

However, in fact, the Defendant was in a state of bad credit standing and did not have any particular income or property, and was unable to repay the debt amounting to KRW 20 million,000,000 from G, which he borrowed from the injured party, with the intention of repaying the debt amounting to KRW 20,000,00,000, and there was no permission from them to receive the loan from the financial institution as collateral. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay it.

The defendant deceivings the victim as above, and 16:00 on the same day from the victim, he received 20 million won from the Nong Bank account (I) in the name of the defendant Logy under the name of the defendant under the name of the Nong Bank (I) and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A certificate of cash borrowing;

1. A certificate of confirmation of transaction of telescoping;

1. Application of Acts and subordinate statutes to the payment order for branch court of the Jeonju District Court;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [Type Determination] There is no type 1 (less than KRW 100 million) (a decision on the recommended area] (a decision on the recommended area] of the basic area (a decision on the recommended area) of the general fraud (a decision on the recommended area) (a decision on the recommended area) from six months to one year and six months.

3. This case where the defendant who has rendered a sentence of sentence.

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