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(영문) 광주지방법원 2015.12.10 2015고정1532
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 30, 2014, the Defendant was sentenced to two months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on June 16, 2015.

1. On June 15, 2013, the Defendant stated that “Around June 15, 2013, the Defendant would make payment after lending KRW 1 million to the victim’s D office operated by the victim C in Gwangju-dong-gu, Gwangju-gu.”

However, even if the Defendant borrowed the money from the victim as above, the Defendant did not have the intent or ability to repay it as agreed.

As above, the Defendant, as such, made a false statement to the victim and obtained 1 million won from the victim immediately.

2. On June 30, 2013, the Defendant stated that, at the above D office around June 30, 2013, the Defendant provided that, “I would help the Defendant sell home appliances to the Defendant, so that I would have the Defendant able to sell home appliances to the Defendant.” However, if I would sell home appliances, I would have the money borrowed prior to the sale of home appliances, if I would have the money borrowed to the Defendant.”

However, even if the Defendant borrowed the money from the victim as above, the Defendant did not have the intent or ability to repay it as agreed.

As seen above, the Defendant, as the victim, fraudulently told the victim, received KRW 1.5 million from the victim immediately.

3. On July 10, 2013, the Defendant, at the above D office around July 10, 2013, stated that “The Defendant would make a full payment with the money borrowed prior to running a business if he/she borrowed money.”

However, even if the Defendant borrowed the money from the victim as above, the Defendant did not have the intent or ability to repay it as agreed.

As seen above, the Defendant, as the victim, fraudulently told the victim, received KRW 1.5 million from the victim immediately.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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