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(영문) 광주지방법원 목포지원 2019.01.11 2018고단863
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 27,200,000 won to an applicant for compensation.

An order for compensation.

Reasons

Punishment of the crime

On February 24, 2015, the Defendant made a false statement to the victim B that “on the other hand, the Defendant would immediately pay money if he/she lends money to his/her children.”

However, at the time, the Defendant had approximately KRW 30 million of the Defendant’s loan obligation, and was willing to use the loan from the victim for living expenses, personal debt repayment, etc., so there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim.

As above, the Defendant was issued KRW 27,200,000,000 from September 4, 2017, including that the Defendant, by deceiving the victim and received KRW 1,000,000 from the victim on the same day from the victim, from that time to September 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. The loan certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (Cbank account analysis and specification of amount of damage), investigation report (Dbank account analysis and specification of amount of damage);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reasons for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation Orders and Sentence of Provisional Execution are the first offender who has committed a crime and has no previous criminal record, and raises his child, but the amount of money that the defendant acquired from the victim who is an elderly senior senior senior senior senior senior senior senior senior senior s does not include the amount of money, the damage of the victim was not recovered, the damage was not recovered, and the defendant did not receive a letter from the victim, and the punishment is determined as ordered in consideration of all the sentencing conditions shown in the argument of this case such as the defendant'

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