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(영문) 창원지방법원 진주지원 2017.12.22 2017고단455

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 2012, the Defendant was in conflict with the victim C on the premise of marriage.

The Defendant, during the teaching period with the victim, was accompanied by his father, owned a building in Daejeon, was called D’s registered directors of the company, and was committed as if he had a claim of KRW 100 million against the company in the past, and was able to obtain money from the victimized party by iceing marriage.

On October 22, 2012, the Defendant stated to the effect that, “F restaurant” operated by the Defendant in Jinju-si, the Defendant: “A deposit needs to be made to transfer the store to G in J in the city of J in the city of J in the city of J in the city of Jin-si; and that, if the Defendant lent KRW 20 million, the Defendant would have to pay KRW 100,000 to the company that was enrolled in the previous company until June 2013, the Defendant would have to enter into repayment of KRW 20,000 to the KRW 10,000

However, on October 2, 2011, the Defendant was married with H around October 2, 201, and the Defendant was expected to give birth to the second child on August 2, 2017, and was unable to engage in marriage with the victim because he did not engage in the act of resolving the legal marital relationship, such as taking a trial or divorce between his spouse, and thus, he could not enter into marriage with the victim. The Defendant’s past company was unable to collect the above claim KRW 100 million due to the illegal act, such as embezzlement by the representative director, etc., and the Defendant had no active property other than KRW 5 million other than the deposit, which the Defendant had operated in G at the time of Jinju. Therefore, even if he borrowed the above money from the injured party, there was no intention or ability to pay the money.

Nevertheless, the defendant deceiving the victim and then transferred KRW 20 million to the Nong Bank account (Account Number I) in the name of the defendant on October 22, 2012 from the victim, as above, around October 22, 2012, as well as from around that time to November 21, 2015, the sum of KRW 70,000,000 under the same name, such as the entry in the list of crimes in the attached Form, shall be remitted from around 12 times to November 21, 2015.