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(영문) 광주지방법원 2015.05.21 2014고단5097
사기
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

around October 2013, the Defendant introduced himself/herself under the name of “F,” not his/her own name, within the E Licensed Real Estate Agent Office operated by the victim C in Daegu-gu, Daegu-gu, under the name of “F,” and then lent money to the victim to the Do Governor that he/she would incur KRW 20,500,000 per month from the Do Government building that he/she owns, and there is no money now. In the future, he/she would demand the victim to pay the necessary money to only one month. The loan money would be repaid at a later time on the Do Government building, and the other person will not purchase the Do Government building if it was not paid. If she borrowed money, he/she would be paid the money to the victim at any time with the rent incurred from his/her own building.”

However, in fact, the defendant did not own a building at the time of the Government, and even if he borrowed money from the victim because he did not have any specific occupation or any special property, he did not have any intention or ability to pay the money.

As above, the Defendant, by deceiving the victim, received KRW 3 million from the victim to the head of a post office (Account Number: H) in the name of G from the victim on October 22, 2013, and acquired it by fraud, as well as by deceiving the victim from March 4, 2014 to March 4, 2014, the Defendant acquired the victim a total of KRW 12,830,000 through nine times, as shown in the separate crime list in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C and I;

1. Application of Acts and subordinate statutes to detailed statements of bankbooks and investigation reports (resolution of suspected acquired money by deceit);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Promotion of an action to dismiss an application for compensation;

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