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(영문) 광주지방법원 2021.03.25 2020고단6578
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2015, the Defendant had no knowledge of the trade name in the Southern-gu Mandong-gu Mandong-gu Mandong-gu Mandong-gu.

Educational expenses, living expenses, transportation expenses, etc. are necessary.

After acquiring the qualification certificate, the term "a loan is made with the full payment."

However, even if the victim borrowed money, the defendant did not think that he would use it to obtain the qualification certificate of the recipient, and even if he borrowed money from the victim due to no particular property such as no certain occupation and income, there was no intention or ability to repay it.

Nevertheless, the Defendant received 400,000 won in cash from the injured party on the same day as the borrowed money, and received a total of 21,400,000 won from August 8, 2015 to November 18, 2016, as in the attached list of crimes, from August 2015 to November 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Details of deposit transaction records, inquiries about the results of each transfer, and account transactions;

1. Application of Acts and subordinate statutes concerning the transmission and reception of Kakao Stockholm;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on the confinement in a workhouse (where a sentence of suspension of execution is invalidated or revoked)

1. Article 32 subparag. 3 and Article 25 subparag. 3(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is not clear) are against the defendant's recognition of the crime of this case, and the defendant has reached an agreement simply with the victim. The victim does not want the defendant's punishment, there are some circumstances that may be somewhat considering the circumstance leading up to this case, and there is no history of punishment for the defendant, and other circumstances before and after the crime.

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