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(영문) 광주지방법원 2016.11.04 2016고단2987
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On January 23, 2013, the Defendant sentenced five months to imprisonment with prison labor at the Gwangju District Court for fraud, etc., and completed the execution of the above punishment on March 10, 2013.

On February 24, 2015, the Defendant made a false statement that “E operated by the victim D” restaurant operated by the victim D in Gwangju Mine-gu, Gwangju Metropolitan City, would lend money to the victim in the amount of KRW 500,000 per month.

In fact, the defendant did not have any intent or ability to repay the above even if he borrowed the above money from the victim in an economic difficult situation, such as in arrears with loans by financial institutions.

The Defendant, on February 24, 2015, transferred KRW 12 million from the victim to the new cooperation account (F) in the name of the Defendant, etc. from around that time to March 4, 2015, and acquired KRW 20 million in total on three occasions as indicated in the crime list as follows from around that time to March 4, 2015.

On February 24, 2015, the amount of damage caused by the year shall be repaid to another person's debt of KRW 12 million on February 24, 2015.

On the one hand, 50,000 won will be paid each month by lending money.

2. On February 26, 2015, the price for supply of a massage in the multi-stage business related to the massageist in the multi-stage business shall be settled.

When a person lends money, he/she shall repay the money within one week.

3. On March 4, 2015, 550,000 won corporate bonds have to be repaid.

When lending money, 1.5 million won per month shall be paid.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each statement of the police suspect interrogation protocol against the accused;

1. Statement of account transactions, a copy of a loan certificate, details of account transactions, and each statement of the judgment;

1. Previous convictions in the judgment: Criminal history records and the personal confinement status written by the evidence adopted and examined by the court, and considering the following circumstances, it appears that the defendant acted as if the defendant were to pay 20 million won or more at the restaurant operated by the victim during the operation of the victim, and the contact with the defendant is cut down for 70 days or more.

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