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(영문) 광주지방법원 2018.02.02 2017고단4495
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 17, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months, which was sentenced to a suspended sentence of two years, for fraud, in the Gwangju District Court Branch Branch.

【Criminal facts” at around July 30, 2015, the Defendant called the victim C by telephone, and there is a need to pay attention to the Defendant’s business in Vietnam.

Interest shall be given at 10% and the principal shall be paid at the same time.

“.....”

However, in fact, the Defendant was liable for a debt of KRW 100 million or more, and the Defendant was able to borrow money from many people in the form of a return to repay his/her debt, and he/she borrowed money from the victim to repay his/her debt, and even if he/she borrowed money from the victim without any particular income or property at that time, he/she did not have any intention or ability to repay the money from the victim.

Around July 30, 2015, the Defendant, by deceiving the victim, received KRW 15 million from the victim to the Agricultural Cooperative Account (D) in the name of the Defendant from the victim, and received KRW 33,00,000 from the victim E, and received KRW 257,50,000,00 from the victim C, respectively, over 33 times from January 31, 2013 to November 16, 2016, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Criminal records as stated in the judgment: Application of investigation reports (the indictment of a trial and accompanying documents of the progress of a trial);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The amount of defraudation of the instant case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is a large amount, and the damage has not yet been fully recovered. However, although the Defendant has already repaid a considerable amount as a high interest rate, the Defendant has already been making efforts to repay, and the Defendant is actively taking steps.

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