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(영문) 광주지방법원 2013.06.20 2012고단4323
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 24, 2011, the Defendant made a false statement with the victim D’s house located in the Gwangju Mine-gu C Apartment 103 dong 1505, Gwangju Mine-gu, stating that “The Defendant would have repaid only five million won if he/she borrowed money.”

However, at the time, the Defendant did not have the ability or intent to pay the credit card price of KRW 30 million with the unpaid credit card price of KRW 50 million borrowed from the lending company and received the above money from the victim.

On January 25, 2011, the Defendant received a total of KRW 22.5 million from the victim to the Defendant’s account on February 25, 2011, in addition to receiving KRW 5 million from the victim’s account, the Defendant received KRW 5 million on February 25, 2011, KRW 250 million on March 1, 201, and KRW 10 million on March 2, 201, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the relevant criminal facts and Article 347(1) of the Criminal Act’s reasoning of sentencing for sentencing of 22,50,000 won for the crime of this case, there was no effort to recover damage with respect to the remainder of money, excluding the amount paid up to the present time, even though the amount was not a certain amount of 2,50,000 won, and there was no way for the victim to receive a refund of the remaining amount of KRW 20,000 in the future since the individual bankruptcy filed by the Defendant was accepted, and considering the Defendant’s attitude, etc., appearing in the trial process

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