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(영문) 광주지방법원 목포지원 2013.03.26 2012고단2017
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From March 2012, the Defendant, while maintaining the relationship with the victim C from March 2012, received money from the victim and received money from the victim.

Around March 24, 2012, the Defendant made a false statement stating that “If the parent of the Defendant of Pyeongtaek-gu owns real estate amounting to KRW 4.5 billion in the order of Jeonnam, the Defendant would pass the qualification examination and sell the proposal to the Defendant,” while allowing the Defendant to trust the Defendant’s self-reliance on the Defendant’s financial resources. In front of the peace plaza located in Sejong-gu, around March 24, 2012, the Defendant borrowed the amount of KRW 1,000,000,000 from selling the design work under the name of living expenses.”

However, the parent of the defendant did not own real estate amounting to 4.5 billion won in the order of Jeonnam, and the defendant did not have any factual background of studying the qualification test, and since the personal debt amounted to about 50 million won, there was no intention or ability to repay the money even if he borrowed the money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the national bank account under the name of the Defendant on the same day, and received KRW 104,900,000 in total from that time until July 16, 2012, as shown in the list of crimes in attached Form 17 times.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

1. The amount of damage under Article 62(1) of the Criminal Act does not exceed a large amount, and the defendant received a fine of KRW 500,000 for the same crime around 2007. However, the defendant and the victim agreed with the victim that they had died on the premise of marriage.

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