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Reasons
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(영문) 광주지방법원 2013.10.02 2013고단3179
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around March 23, 2010, the Defendant against the victim C made a false statement to the victim of the street set run by the victim C on the road of the Gwangju Metropolitan City, stating that “I have to provide bonds with the permission in the transmission arrangement, and I have to lend money if I have borrowed money, I have to believe that I have little interest on the loan of money. I have to see that I have been able to make up for the money from the time I have to do so. Also, I have to return the money if I have talked three (3) months prior to the need for money.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to pay the money to the bond company.

The Defendant received KRW 3,00,000 from the victim to the Agricultural Cooperative account in the name of E, the same day as the Defendant, and acquired KRW 70,030,000 in total over 17 times from around that time to March 28, 2013 as shown in the crime list.

2. Around November 2011, the Defendant against the victim F made a false statement to the victim H building 102 Dong 1303, a residence of the victim F in Seo-gu, Seo-gu, Seo-gu, Gwangju, that “The victim and the victim’s mother will pay interest at an interest rate of 2% per month to the credit service provider he/she knows.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to pay the money to the credit service provider.

Around November 29, 201, the Defendant received 20,000,000 won from the victim to the Agricultural Cooperative Account in the name of the Defendant E, a child of the Defendant, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The interrogation protocol of the accused by the prosecution (the highest interrogation);

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (public prosecutor I);

1. The prosecutor's statement concerning the F;

1. Statement to C by the police;

1. C Copy of the passbook;

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