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(영문) 광주지방법원 목포지원 2015.11.27 2015고단584
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2015 Highest 584"

1. On May 12, 2014, the Defendant, against the victim B, made a false statement to the victim B by phoneing to the victim B who was an unclaimed victim, and “I will complete the payment after this mold if I want to pay the money immediately.”

However, since the defendant did not have certain income or property, there was no intention or ability to repay the money normally even if it was received from the victim.

As above, the Defendant, by deceiving the victim as above, received 4 million won from the victim to the corporate bank account in the name of the Defendant or C under the name of the Defendant for the borrowed money, from that time to October 1, 2014 in the same manner, and received a total of 20,150,000 won from that time until October 1, 2014, as shown in the list of crimes in the attached Table.

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

"2015 Highest 1034"

2. On December 5, 2014, around 14:30 on December 5, 2014, the Defendant against the victim D told the victim D to “if there is an urgent need to pay money, she will write down only this mold and return it if it lends KRW 5 million to the victim D.”

However, the defendant was thought to use money for gambling by lending money from the victim. Since he was in excess of his obligation at the time, he did not have the intention or ability to pay the money to the victim.

The Defendant received 5 million won from the victim, namely, from the victim, to the corporate bank account in the name of C designated by the Defendant.

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

Summary of Evidence

"2015 Highest 584"

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning B;

1. The 2015 Highest 1034;

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

1. Aggravation for concurrent crimes;

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