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(영문) 창원지방법원 통영지원 2020.05.14 2019고단1406

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to six months of imprisonment and one year of suspended execution due to the violation of the Infant Care Act, etc., and the judgment became final and conclusive on October 23, 2015.

1. On August 2012, 2012, the Defendant called the victim B, who was aware of from August 2012, 2012, to the Defendant, saying, “The money in operating the Children’s House shall be repaid as soon as possible, if he/she lends her mother and child house and 2 million won.”

However, the Defendant did not operate a child-care center, and there was no intention or ability to pay it even if he borrowed money from the victim because of the fact that the card payment obligation was in a bad credit condition due to the delinquency of credit, but the monthly income was about 1.5 million won.

On August 30, 2012, the Defendant, by deceiving the victim as above, received two million won from the Cbank account (Account Number: D) in the name of the Defendant on the pretext of borrowing money from the victim.

2. On July 2014, the Defendant phoneed the victim on July 2014, 2014, saying, “The Defendant would pay KRW 100,000 per month interest if he/she lends money to the Defendant, and complete payment by the end of July 2014.”

However, the Defendant was opening a childcare center on March 11, 2014, but it was difficult for the Defendant to operate the childcare center due to the recruitment of 20 million persons among 65 persons, and due to the delinquency in credit payment, etc., the income of the Defendant and the Defendant’s spouse was difficult to pay interest on the obligation of 150 million won borrowed under the name of the Defendant’s spouse for the said opening of the childcare center. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

As above, the Defendant, by deceiving the victim as above, was remitted from the victim to the E account (Account Number:F) in the name of the Defendant, and KRW 10 million on July 3, 2014, and KRW 10 million on July 4, 2014, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1.Each letter, each.

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