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(영문) 광주지방법원 순천지원 2018.06.22 2018고단489
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the company D with limited liability in Gwangju, and the victim E was an employee of the above company.

A person in a de facto marital relationship with F.

On July 30, 2015, the Defendant loaned KRW 2 million to the victim E, “The amount of the company that the Defendant has to purchase and sell Oral Ba is late.” If the Defendant is unable to pay the money, 2.5 million won of the deposit deposit 2.5 million won of Mayang I apartment 211 Dong 2103, 2.5 million won of the deposit, which the Korean Women’s Mana Gu live, will be transferred to the near future.

The phrase “ makes a false statement.”

However, the above company operated by the defendant at the time of fact did not have the intention or ability to repay the money borrowed from the injured party or transfer the deposit money to the injured party because it is difficult to repay the monthly income and the corporate tax of the above company.

As such, the Defendant, by deceiving the victim, was given KRW 2 million in cash from the victim who was in his/her jurisdiction at the KJ in light of the same day.

In addition, the Defendant acquired the total sum of 2,675,00 won from the victims on five occasions from September 23, 2015, from that time to September 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details on the use of the new card;

1. Application of statutes on transaction details of the NongHyup Account in E name;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the absence of previous convictions of the same kind, the violation thereof, and the smoothly agreed with the victim);

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