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(영문) 광주지방법원 2013.03.27 2013고단870
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On March 2009, the defrauded against the victim C: (a) at the time of the Victim C’s house located in Go Chang Chang-gun, Go Chang-gun; (b) in fact, he did not have any property in excess of 16 million won, such as credit cards, etc.; and (c) even if he was supplied with the amount from the victim, such as having been damaged by bad credit standing, he did not have an intent or ability to pay the said amount; (d) if he supplied the said amount harvested, he would have the intent or ability to pay the said amount, he would have made a false statement that he would be paid the said amount; and (e) he obtained the said amount from the said victim after receiving 3.5 million won of the said amount from the said victim.

2. On November 201, 201, the Defendant against 12 victims E, etc.: (a) was in excess of the debt as above; (b) was unable to pay the amount equivalent to 43,200,000 won to the gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym g; and (c) was not a business director of G gym gym gym gym gym gym g; and (d) was supplied with the said victims with the amount equivalent to 4,680,000,000 won from the said victims on the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of C and E;

1. Statement of the police statement of H, E, I, J, K, L, M, N,O, P, Q, and R;

1. Application of Acts and subordinate statutes governing suspect identification;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. The victims of the reasons for sentencing under Article 62(1) of the Criminal Act are suspended.

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