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(영문) 전주지방법원 남원지원 2019.10.01 2019고단74
사기
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant had been running studio rental business, etc. in the name of “F” from around 2016 to around G University. At that time, the Defendant borrowed money from financial institutions and the Defendant’s personal debt amounting to KRW 1.5 billion due to the very difficult financial circumstances, which led to the Defendant’s failure to repay the existing debt, and even if borrowing money from the victims, there was no intention and ability to repay the money normally.

Nevertheless, on July 7, 2016, the Defendant made a false statement to the effect that “the Defendant would pay money as business funds” to the victim H, who is the original elementary school of the Defendant, on the same day, the Defendant received KRW 49.5 million from the victim’s account in the name of the Defendant (J) on the same day, from the victim, from January 3, 2018, and obtained KRW 293,000,000,000 from three victims, such as the list of crimes in the attached list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement of H, B, K, and L;

1. Each police statement concerning B, H and L;

1. Investigation reports (M Co., Ltd. for suspect credit information), investigation reports (Submission of usage of KRW 1 billion in the purchase price of buildings), and investigation reports (Attachment of news reports by the Ministry of Education in relation to the closure of G University schools);

1. The application of Acts and subordinate statutes on the account transactions in the name of the defendant, including the

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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