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(영문) 광주지방법원 2016.04.20 2015고단5099
사기
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The punishment of the accused shall be determined by six months of imprisonment.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. On May 13, 2015, the Defendant: (a) on the road of the Defendant’s elementary school in front of the Young Military C, the Defendant: (b) performed an operation at the Afinite Hospital.

B. The loan shall be extended to NA and the loan shall be extended to NA, and if so, the loan shall be paid later.

“A false representation was made.”

However, at the time of fact, the mother of the defendant was not free, and the defendant did not have any intent or ability to repay even if he borrowed money from the damaged party due to no particular property or income.

As such, the Defendant, by deceiving the victim, received the total sum of KRW 2,198,00,000 from the victim on June 3, 2015, KRW 13 million on July 9, 2015, and KRW 2,1980,000 on July 10, 2015.

2. On May 27, 2015, the Defendant, at the Defendant’s house located in Young-gun D, sentenced the victim to the following false statement: “In the case of the Defendant’s house located in Young-gun, the payment of the loan would disappear on the back of one month, and the payment of the loan would have been repaid later.”

However, the defendant had no intention or ability to repay his/her loan on the grounds of the preceding paragraph, and there was no intention or ability to exempt the victim from his/her guarantee obligation.

On May 28, 2015, the Defendant: (a) obtained a loan of KRW 3 million from Tpops Co., Ltd.; (b) KRW 3 million from CNB Investment Loan Co., Ltd.; (c) KRW 3 million from Daesan Loan Co., Ltd.; (d) KRW 3 million from KNex Loan; and (e) KRW 15 million from DNex Loan; and (e) obtained a loan of KRW 3 million from DNex Loan; and (b) obtained a victim’s pecuniary advantage equivalent to the said amount by having the victim jointly and severally surety each of the above loans.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant (one time, two times);

1. Statement made by the police against C;

1. Account transactions;

1.Each.

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