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(영문) 광주지방법원 2019.11.27 2019고정476
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

The Defendant is a person who runs a paint business under the trade name of “B.”

At around September 12, 2018, the Defendant stated that “A victim D (the age of 59) will be released from a prison life, which is a grace period for the execution of the sentence. If there is little money, the Defendant shall be released from the prison life.” The Defendant is now going to the process after being commissioned to carry out the painting work, such as the Gun office, Eup office, and E apartment, whichever is believed, and if 5 million won is lent to the Defendant, the Defendant would be 3,650,000 won which was not loaned before October 5, 201.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, from September 13, 2018 to September 22, 2018, received cash KRW 5 million from the victim, was found to have committed a crime by modifying part of the list of crimes in accordance with evidence in the attached Table of the indictment for the crime committed by September 22, 2018.

2,010,000 won was delivered in total four times, as described in the

Accordingly, the defendant, by deceiving the victim, acquired the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a copy of a credit card use price statement, a copy of a loan certificate, a copy of a certificate of confirmation of details of transactions (two copies), a copy of a written estimate of page work (9 copies), and a copy of a bankbook which is the complainant;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Penalty)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the sentence of imprisonment with prison labor, has served as a means of fraud. On October 27, 2016, a defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution, which became final and conclusive by the court, and thus, committed the instant crime even during the suspended execution period. Furthermore, at the same time, the victim filed a complaint as a separate one of the victims and was under investigation.

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