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(영문) 광주지방법원 2018.04.05 2017고단4847
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 January 13, 2017, the Defendant was sentenced to a suspended sentence of two years for fraud in the 10th anniversary of imprisonment with prison labor for the purpose of fraud in the Gwangju District Court, and the judgment became final and conclusive on November 3, 2017.

On April 2016, the Defendant was unable to take brain surgery and to prepare operating expenses at the Southern Hospital in the first order because the E, which has been damaged by the Defendant, was living in Gwangju, in the house where the Defendant in the Southern-gun C before Gwangju, was living.

In the case of a loan of KRW 20 million, the land or the house shall be sold in lots after acquiring the F land from the Gwangju North-gu, Gwangju, and the principal and the interest shall be paid in installments after three months.

“.....”

However, in fact, the defendant was thought to use only part of the money received from the injured party for the E surgery costs and the remainder for the personal purpose of the defendant, and the land for the use was not intended to pay money to the victim within the maturity period without changing the form and quality due to forest land and electric power.

Around April 11, 2016, the Defendant, by deceiving the victim as above, obtained one copy of the check from the victim to the victim, with a face value of KRW 20 million in the face value as a loan from the victim at the above location.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Investigation report (the construction of the North Korean office related to permission for the land of this case and the hearing report of the statements of employees) and investigation report (the hearing of complainants D statements);

1. Details of the issuance of his/her check in front, detailed statement of deposit transactions in G in the name of a stock company, and full certificate of registered matters;

1. Previous conviction in judgment: Application of one copy of inquiry into criminal history, text of judgment, and text of judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act has already been punished for fraud crimes.

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