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(영문) 창원지방법원 마산지원 2015.02.11 2014고단1056

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 28, 2013, the Defendant, who committed the crime of February 28, 2013, expressed that “The Defendant would pay 20 million won in full over ten months from March 2013 by lending the principal and interest to the victim B, who is the head of the Sung-gu Sung-si Central S&Cp in Chang-si, Chang-si, a high school bank.”

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

As above, the Defendant, by deceiving the victim, received 17 million won from the victim to the corporate bank account of the Defendant’s wife C on the same day from the victim and acquired it by defrauded.

2. On April 1, 2013, the Defendant stated that “A victim B shall repay the same amount as he/she borrowed money before lending the money,” at an influent place on April 1, 2013.

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

As above, the Defendant, by deceiving the victim, received 1 million won from the victim to the corporate bank account of the Defendant’s wife C on the same day, and acquired it by deceiving the victim.

3. On May 31, 2013, the Defendant committed the crime of May 31, 2013 stated that “The Defendant provided a joint and several surety to pay the victim B with the money that he/she borrowed from his/her own loan at Changwon-dong, Changwon-si.”

However, even if the defendant has made a joint and several surety and has received a loan, he did not have the intent or ability to repay the debt to the victim with the loan.

On the same day, the Defendant, by deceiving the victim as above, had the victim borrow three million won in total from three of the lending companies by the Defendant, and had the victim take a joint and several liability amount equivalent to the above borrowed amount, thereby having the victim obtain pecuniary benefits equivalent to the above borrowed amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement statement law with regard to B