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(영문) 광주지방법원 2013.04.04 2013고단8
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 2010, the Defendant stated that “Around the front day of the Gwangju Mine-gu CKa Center, the victim D shall be given interest on KRW 10,000 per month if he/she lends 20,000,000 to see funeral services, and shall be paid with only several months. If he/she is paid in full, he/she shall be paid in full even if he/she sells the apartment owned by the wife.”

However, in fact, the Defendant had a debt exceeding KRW 50 million at the time, E and community credit cooperatives, etc. working at the time, with a debt exceeding KRW 130 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Nevertheless, the Defendant obtained money from the victim as the borrowed money from the victim and acquired the money from the victim.

2. Around December 16, 2010, the Defendant called the victim D to “on the loan of KRW 30 million with a loan from her hair, the Defendant would repay the principal and interest of the loan to KRW 18 million in a lump sum in lieu of the principal and interest of the loan.”

However, in fact, the Defendant had a debt exceeding KRW 50 million at the time, E and community credit cooperatives, etc. working at the time, with a debt exceeding KRW 130 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Nevertheless, the Defendant acquired money from the victim to the Defendant’s Gwangju Bank account for the purpose of borrowing money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of passbook of the Gwangju Bank, a certificate of confirmation, and all registered matters;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

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