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(영문) 창원지방법원 통영지원 2016.11.18 2016고단1232

사기

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around July 24, 2013, the Defendant stated that “If the Defendant borrowed money to purchase the fireworks, if the money is needed, the Defendant would immediately repay the money to the Defendant, and the interest will be calculated by identifying the interest.”

However, in fact, even if the Defendant did not have any surplus assets, the Defendant should have used it as distribution expenses, new fireworks purchase funds, etc. with the proceeds from the purchase and sale of the fireworks, and there was no other profits from the sale of the fireworks, so there was no intention or ability to immediately repay the funds borrowed from the victim and to pay interest.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day as the loan money, and received KRW 2,579,000 from that time on March 25, 2015, in total, 24 times in the name of the loan money, such as the statement in the list of crimes in attached Form.

2. On January 2015, the Defendant: (a) purchased the restaurant from the restaurant as stated in paragraph (1) of this Article, “the Defendant purchased the restaurant at KRW 420 million; (b) received KRW 500 million from the land in E in the name of Dong, but is in fact in possession of the land; (c) as selling the land, immediately after receiving the purchase price, the Defendant would pay KRW 420 million in a lump sum. The Defendant, first of all, would pay KRW 1.7 million per month in the name of rent.”

However, in fact, the Defendant was the co-owned land of the Defendant, and the Defendant’s co-owned land was not planned to sell the above land and pay the purchase price to the Defendant, and the Defendant did not have any funds to purchase the above restaurant. As such, the Defendant was transferred from the victim as he would have purchased the above restaurant, and was willing to use and profit from the above restaurant.