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(영문) 창원지방법원 밀양지원 2020.05.14 2019고단531

사기

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

around 13:00 on March 9, 2018, the Defendant stated that “The Defendant would pay 300,000 won per month in return for the acquisition fund to the victim E by taking over the Dda and reporting the operation of the Dda.” < Amended by Presidential Decree No. 2010, Mar. 9, 2018>

However, the Defendant, at the time, was liable for a total of KRW 100 million or more to F, KRW 6,2510,00, KRW 5,792,00, KRW 2,986,00, and KRW 2,986,00 to G, and even if he borrowed money from the victim, he did not have the intent or ability to pay the money to the victim according to the promise.

As above, the Defendant, by deceiving the victim and under his/her control, was granted KRW 5 million on March 9, 2018, under the pretext of loans from the victim, and KRW 10 million on March 10, 2018, KRW 20 million on March 18, 2018, and KRW 300,000 on March 19, 2018.

Accordingly, the defendant was given property by deceiving the victim.

around August 2015, the Defendant stated that, “Ap. B’s house of the H Apartment Haak-gun, Jeonnam-gun, H apartment I, the Defendant had the land, and that, “Ap. v. of the Section in Daegu J has the land, I would sell the land of J., and pay it together with the interest.”

However, the fact was that the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

As above, the Defendant, by deceiving the victim as above, received 10 million won in cash directly from the victim on three occasions on August 2015, and received 34,510,000 won from the victim through the same method from around that time to February 9, 2017, as shown in the annexed List of Crimes, in the same manner.

Accordingly, the defendant was given property by deceiving the victim.

b)a summary of the evidence;