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(영문) 광주지방법원 2014.04.03 2014고단301
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 24, 2010, the Defendant was sentenced to two years and ten months of imprisonment at the Gwangju District Court for fraud, etc. and completed the execution of the sentence on October 6, 2010 at the Gwangju Prison on December 7, 2012 after the said judgment became final and conclusive.

1. On April 13, 2013, the Defendant, at around 15:00 on April 13, 2013, demanded that the victim C purchase 2,200,000,000 won of the market price at the walling apartment parking lot located in Gwangju Northern-dong, and received the above cosmetics. On the same day, the Defendant called “the Defendant shall use the bonds and pay interest on the borrowed principal. If the Defendant borrowed 1.5 million won, the Defendant shall pay interest on the borrowed principal after this title to the interest on the borrowed principal.” On the same day, the Defendant received 1.5 million won from the victim to the new bank account (D) in the name of the Defendant on the same day.”

However, even if the defendant received money from the victim, he did not have the intention or ability to pay the price of cosmetics or borrowed money.

2. On April 15, 2013, the Defendant committed the crime: (a) around 16:00 on April 15, 2013, in front of the Korean Bank in the Seo-gu, Seo-gu, Seo-gu, Gwangju, the Defendant: (b) provided the victim with a demand for the repayment of the loan; (c) provided, “If a check is cashed and another relative is borrowed, he/she shall repay all of the following obligations if he/she borrowed KRW 2 million; and (d) received KRW 2 million from the victim to the new bank account on the same day.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to pay it.

3. On April 16, 2013, the Defendant: (a) calls the victim on the front side of the grocon, in Seo-gu, Seo-gu, Seo-gu, Gwangju, for a false statement to the effect that “Around April 16, 2013, the Defendant will pay the victim all of the money that he/she paid in advance.” (b) additionally transfers KRW 2 million to the Plaintiff.

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