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(영문) 광주지방법원 2020.01.31 2019고단2963
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On November 15, 2016, the Defendant made a false call to the victim B at the store of mutual convenience located in Seo-gu, Seo-gu, Seo-gu, Gwangju, to the effect that “The Defendant would have repaid money to his parent land at the end of January 2017.” However, at the time, the Defendant was not at the time the parent land was transferred or there was no need for land transfer expenses, and at the time, the Defendant was planning to transfer the said loan money to the female-friendly Gu using the said loan money at the time or to transfer it to the Plaintiff at the time due to the accumulation of operating expenses due to insufficient operating expenses due to the accumulation of the deficit in operating expenses, and there was no intention or ability to repay the loan money to the Plaintiff at the time without any property, and there was no intention or ability to repay the loan money to the Defendant’s partner at the time of repayment of the card price at the time. The Defendant received the money from the Defendant’s mother bank account to 10,000 won prior to the expiration of the loan to 10 million won.

However, the Defendant did not have received any demand from its partners at the time to return the investment amount, and there was no intention or ability to repay the said amount until the due date for repayment promised with the borrowed money even if the Defendant borrowed the said money due to financial difficulties, such as the accumulation of funds by the enemy while operating a mutually cafeteria, “C”.

The Defendant received 5.5 million won in cash from the victim on the same day.

In this respect, the defendant deceivings the victim two times, and received a total of KRW 15,500,000 from him.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Account statement;

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