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(영문) 광주지방법원장흥지원 2020.08.13 2019고단235
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2014, the Defendant stated that “If internal golf course promotion committee is the vice-chairperson of the golf course promotion committee, if the Defendant lends KRW 25 million to B, he/she shall be forced to perform the work of cutting down on the site of the golf course, and he/she shall be paid the money.”

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

Ultimately, around August 7, 2014, the Defendant, by deceiving the victim as above, received money from the victim to the Defendant’s wife C’s account managed by the Defendant and acquired pecuniary profits by transferring KRW 25 million.

The Defendant called the Victim D on May 2014, 201, “The construction of a golf course may bring about the electrical and telecommunications construction during the construction of the golf course, if the golf course begins.” The Defendant made a false statement on the following grounds: “The construction of the golf course may take place, and the construction of the golf course may take place.”

However, in fact, the Defendant did not have the ability to perform the electricity and telecommunications construction work during the golf course construction, and there was no certain amount of income as the bad credit holder at the time, so even if the Defendant borrowed money from the victim, the Defendant did not have the intent

Nevertheless, on November 17, 2014, the Defendant, by deceiving the victim as above, was delivered KRW 20 million to the Agricultural Cooperative Account in the name of the Defendant’s wife C (E) around 10:18, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize each of the crimes of this case and reflects it, there is no history exceeding fines, the amount acquired by the defendant from the victims is KRW 45 million, and the victims are for more than six years.

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