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(영문) 전주지방법원 2019.01.10 2018고단1756
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Organization of Organizations, etc.) at the Jeonju District Court on the grounds of a violation of the Act on the Punishment of Violences, etc. (Organization of Organizations, etc.) and two years of probation, etc., and the judgment became final and conclusive

【Criminal Facts】

On January 17, 2017, the Defendant made a false statement to the victim C’s “DB” operated by the former So-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on the following: “If the victim borrowed KRW 10 million to the victim, deducted KRW 30,00,000,000,000 from the interest rate of KRW 9,700,000,000,000,000 for each month using credit business for three months, and the principal shall be repaid at the end of three months, and if the amount is required in advance before three months, the principal shall be prepared and repaid within three months,” and at the same place on the same day on the 24:17:00 of the same month, the Defendant continued to lend money to the victim at the end of 6,120,000,000,000,0000,000,000,000,000,00,000.

However, even if the defendant borrows money to the victim without any specific property, he/she did not have any intention or ability to pay the principal within three months after paying interest on the 300,000 won per month.

On January 18, 2017, the Defendant received KRW 9.7 million from the victim to E (F) account in the name of the Defendant on January 18, 2017, and received KRW 6.122,00 from the same account on the 24th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of account transactions, copies of notarial deeds, or copies of a receipt of loan;

1. Previous convictions in judgment: Criminal history records, references to investigation reports, during the period of suspension of execution;

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