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(영문) 광주지방법원 2017.06.28 2017고단2030

The sentence against the accused shall be determined by one year and six months of imprisonment.


Punishment of the crime

On October 6, 2013, the Defendant was sentenced to one year and two months of imprisonment in the Gwangju District Court for fraud, etc., and completed the execution of the sentence in the Gwangju District Court on January 3, 2015.

On May 6, 2015, the Defendant paid 10% monthly interest on the borrowed money in operating the card terminal business with the trade name of the limited company E, and paid it to the said victim only for two months.

“False speech was made to the effect that it was “.”

However, the defendant was thought to have used the money received from the victim as above for the purpose of bond business and living expenses, not for the card terminal business, and he did not have the ability to pay interest and principal as agreed.

In such a situation, the Defendant was accused of the victim and was transferred from the victim to the new bank account (Account Number: G) in the name of the Defendant’s wife in the name of the Defendant’s father under the pretext of borrowing money from the victim.

In addition, from that time until August 25, 2015, the Defendant changed the amount of damage “35 million won” to “3,100,000 won” or “3,1,000 won” as stated in the list of crimes listed in the separate sheet of crimes: Provided, That the Defendant changed the sum “170,000 won” to “16,60,000 won” for the same reason.

The total amount of KRW 166,00,000,000,000 was remitted from the four damage and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to the DHI and J;

1. A report on investigation (attaching a credit report);

1. A copy of each loan certificate;

1. Details of each account transaction;

1. Previous convictions in judgment: A criminal investigation report (Attachment of the judgment concerned), application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.