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(영문) 광주지방법원 순천지원 2013.05.02 2012고단1369
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 16:00 on October 17, 2005, the Defendant calls from the Defendant’s house located in Mineyang-si B to the victim C (hereinafter “AW”) (hereinafter “AW”) who had been aware of his reputation at the Defendant’s house located in Mineyang-si B, and falsely stated that “The Defendant purchased 4.8 square-type apartments located in Mineyang-si, and would use and repay only 4.8 million won if he/she borrowed 4.8 million won due to the remainder.”

However, in fact, the defendant did not enter into an apartment contract, and did not have any property specially owned, and did not have any intention or ability to repay the debt even if he borrowed money from the victim due to bad credit standing.

Accordingly, the Defendant, by deceiving the above victim as above, obtained 1.8 million won from the above victim for the same day as the loan money, and acquired 3 million won from October 18, 2005 to the Defendant’s Japanese bank account (D).

2. On October 20, 2005, the Defendant phoneed the above victim C at an influent place in the opticalyang, and made a false statement to the effect that “The head of office working in the luminous Home Plus is well aware.” The Home Plus to run a besinine cream store in the Home Plus. It is necessary to KRW 110 million. The remainder of the Defendant’s investment test in KRW 100 million is invested by the victim, but it is 4.8 million prior to the investment, and the Defendant borrowed KRW 5.2 million in the remainder.”

However, since the Defendant did not have any property as in the preceding paragraph and was in bad credit condition, it was thought that he did not have any intent or ability to operate a ice cream store in the optical Home Plus, and that he would receive money from the said victim and used it as living expenses.

Accordingly, the Defendant deceiving the above victim as above and acquired 5.2 million won from the victim to the Gwangju Bank Account (E) under the name of the Defendant on October 26, 2005.

3. The defendant is in a luminous state around November 8, 2005.

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