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(영문) 광주지방법원 장흥지원 2016.02.18 2015고단184
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On October 23, 2014, the Defendant was sentenced to two years by the Jeonju District Court to a violation of the Oil Pipeline Safety Control Act, etc., and the said judgment became final and conclusive on January 5, 2015.

[2] The Defendant: (a) around April 2012, at a “E” restaurant operated by the injured party C in Gwangju Mine-gu around April 2012, the Defendant: (b) held the victim at a “E” restaurant operated by the injured party C; (c) held the gas station in Gwangju; (d) now, left oil at the oil price, and later, can be seen as a large profit from selling

Therefore, it was false to the effect that each interest shall be given KRW 3 million per month on the loan of money, and that the principal shall be returned immediately if it is deemed necessary.

However, in fact, the Defendant planned to receive money from the injured party to use it as the price to take over the gas station in Ulsan and the investment fund of the stock. At the time, the monthly income is about 2 million won and there was no intention or ability to pay the money even if he did not receive the money from the injured party due to no particular property.

Around October 19, 2012, the Defendant deceivings the victim as above and received KRW 100,000 from the victim to the Nonghyup Bank account in the name of the Defendant and received KRW 100,000 from the victim, as well as transferred the total amount of KRW 22,4,00,000 from that time up to April 18, 2014, as shown in the List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. A protocol of the police and the prosecution examination of the suspect against the accused (including a protocol of the examination of the suspect to be replaced by C);

1. Statement made by the police against C;

1. A complaint;

1. A trading statement, a trading statement, and an account statement;

1. Investigation report (a partner's statement in F phone for the cosmetic business), investigation report (a statement made by a person subject to remittance of money from the person under investigation);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of each statute;

1. The relevant Article of the Criminal Act and Article 347(1) and (2) of the Criminal Act, all of which are the choice of criminal facts.

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