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(영문) 광주지방법원 해남지원 2018.02.22 2017고단416
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On November 17, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Southern Branch of the Gwangju District Court, and the execution of the sentence was terminated on May 3, 2012 at the Ganpo Prison. On June 18, 2014, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment with labor due to a violation of road traffic law in the Southern Branch of the Gwangju District Court, and the judgment became final and conclusive on June 26, 2014.

[Criminal facts] The Defendant is a person engaged in the distribution business of a uniform.

1. On April 2, 2014, the Defendant: (a) around 19:30 on April 2, 2014, at the D restaurant operated by the Victim C in Jindo-gun B, Jindo-gun, the Defendant had no money to kill the entire uniform.

If a person lends the purchase cost of a uniform, he/she will sell it later and pay it later.

The phrase “ makes a false statement.”

However, the defendant was planning to use not only money but also money borrowed from the victim due to financial difficulties at the time, but also money borrowed from the victim.

On April 3, 2014, the Defendant, by deceiving the above victims, received money of KRW 10 million from the victim to the account in the E name around April 3, 2014, and fraudulently acquired it.

2. On May 19, 2014, the Defendant called the victim to lend money to the victim because it was bound by a traffic accident due to drinking driving. The Defendant borrowed money immediately.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any traffic accident and did not have the ability to repay even if he borrowed money from the damaged person due to financial difficulties.

The defendant deceivings the victim as above and acquired 6 million won from the victim to the account in the E name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a certificate of borrowed money, a copy of passbook, and details of account transactions (E);

1. Previous Records: One copy of the Acts and subordinate statutes, respectively, of the results of inquiry, investigation reports (Attachment of a copy, etc. of the judgment), copy of the judgment, and the status of personal confinement.

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