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(영문) 광주지방법원 2014.10.23 2013고단6381
사기등
Text

In the case of the crimes of No. 1 in the judgment of the defendant, a fine of KRW 3 million shall be imposed on the crimes of No. 2 in the judgment of the court.

Reasons

Punishment of the crime

[Criminal Justice] On November 29, 2012, the Defendant was sentenced to a suspended sentence of ten months for embezzlement by the Gwangju District Court on October 29, 2012 and the judgment became final and conclusive on December 7, 2012.

1. On November 2009, the Defendant: (a) provided the victim with a supply contract stating that the remainder of the balance of Hadra 101 and 102, which is being constructed by G in Yong-Namnam-gun, was paid in full at the E apartment parking lot of the victim D, 201, the Defendant of the 2013 Highest 6381, 201, the Defendant provided to the victim as security; and (b) the victim provided that “if the victim is unable to repay the loan to the victim, the victim would be entitled to transfer the name of the above loan from the enforcement company without additional payment upon completion of the loan, thereby lending the trusted money to the victim.”

However, the Defendant did not notify the victim of the fact that the balance of the above loans 2 was paid in full, as if the balance was paid in full in the supply contract, and the Defendant did not have the right to receive the above loans 2 from the above G, so even if the Defendant received the money from the victim, the Defendant did not have the intent or ability to transfer the above loans 2 to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received total sum of KRW 265,000,000 from the victim to the Gwangju Bank account in the name of I, as shown in the list of crimes in the attached Table.

2. On June 20, 2014, at around 22:41, the Defendant driven a Jysta car with a 0.5km alcohol level of 0.123% alcohol level of 0.5km from the power base rain distance in the Yongsan-dong, Chungcheongnam-gu, Gwangju to the front road of the modern hospital located in the same Gu.

Summary of Evidence

[2013 Height6381]

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each statement of HPL supply contract, K deposit details, draft bill, and reply to the request for cooperation in business.

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