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(영문) 광주지방법원 2019.03.29 2018고단5076
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around June 28, 2011, the Defendant: (a) around June 28, 201, to the victim D, who was aware of the fact in the “C Beauty,” operated by the Defendant located in Seo-gu, Seo-gu, Gwangju, Gwangju, giving three interest to him; and (b) the principal will be repaid later.

However, in fact, the Defendant was liable for approximately KRW 40 million at the time, and there was almost no operational revenue of the beauty room, and there was no intention or ability to repay even if the Defendant borrowed money from the said victim even if he was living in the form of “comforcing” by lending money from many persons, such as paying interest on the existing debt.

Nevertheless, the Defendant, as seen above, was accused of the victim D and transferred KRW 5 million from the above victim to the post office account in the name of the Defendant on June 28, 201.

In addition, from around that time to May 6, 2018, the Defendant made a false statement to five victims on a total of 98 occasions as indicated in the attached list of crimes, such as “an investment made by a ship company to a partner, develop cosmetics, make an investment in the land, and operate a system.” The Defendant received money equivalent to KRW 57,530,000 from the victims in cash from the victims to the post office account or E Union account in the name of the Defendant, borrowed money, or deposit money, and had the victim D make payment by means of the card in its name.

Accordingly, the defendant, by deceiving the victims, received property or acquired property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement made to F, D, G, H, and I;

1. Investigative reports (in the name of a suspect, analysis of accounts);

1. The application of detailed certificates by account, details of transactions by account, details of credit card use, details of deposits and transactions, meetings of deposits, copies of passbooks, details of deposits and withdrawal transactions, records of deposits and transactions, details of transactions, and certificates of transaction confirmation by account;

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