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(영문) 광주지방법원 2018.06.27 2018고단90
사기
Text

Defendant

B A person shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the list of offenses against Defendant A (1) is re-written.

Reasons

Punishment of the crime

- Defendant B

1. On January 31, 2008, the Defendant purchased gift certificates at a coffee shop affiliated with the Seoul Gangnam-dong Department Store of Samsungnam-dong, Seoul, and conducted funeral services in the form of a gift certificates to be resated and resated.

When lending money, the phrase “10% of the principal shall be interest and shall be returned at any time” was false.

However, even if the victim borrowed money, the defendant did not have the intent and ability to pay the principal and interest.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim’s account in the above E name on the same day, and received a total of KRW 116 million from April 2, 2008, including (1) 2 through (4) in attached crime sight table (1) 2 through (4).

2. On June 16, 2008, the Defendant made a telephone call to the Victim F and made a false statement to the effect that “I would make a lump sum settlement if I would be able to borrow money as a result of continuous investment in business.”

However, even if the victim borrowed money, the defendant did not have the intent and ability to pay the principal and interest.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim, to the bank account (G) in the name of E on the same day from the victim, and received a total of KRW 95 million from August 21, 2008, as shown in the attached Table of Crimes (2).

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness F;

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

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

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense and Article 347(1) of the choice of punishment [Attachment 347(1) of the Criminal Code, comprehensively covering the frauds set forth in [Attachment 3 and 4], each fraud set forth in [Attachment 3] list of crimes, including the frauds set forth in [Attachment 4]

1. Damage even though the long time has passed since the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes.

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