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(영문) 창원지방법원 2018.04.26 2018고정137

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 17, 2016, the Defendant committed a crime on February 17, 2016, in the Defendant’s residence located in Kimhae-si B around February 17, 2016, to the victim C, “on the loan of KRW 10 million, the location at which the deposit money is set up is clear, and the money borrowed prior to the loan of 1 million is paid.

“.......”

However, the defendant had already used or thought to use the collected key money for repayment of other debts because he bears a large amount of debt to the lending company and others, and there was no intention or ability to repay the money even if he borrowed money from the damaged party due to no particular property.

Nevertheless, the defendant was transferred KRW 1 million to the defendant's account in the name of the NongHyup Bank (E) in the name of the defendant from the victim on the same day by making a false statement as above.

2. The Defendant committed the crime of February 23, 2016, at the Defendant’s residence indicated in paragraph 1 of around February 23, 2016, paid off the money borrowed from the victim C to the amount of money borrowed prior to the lapse of March 1.

“.......”

However, the defendant had already used or thought to use the collected key money for repayment of other debts because he bears a large amount of debt to the lending company and others, and there was no intention or ability to repay the money even if he borrowed money from the damaged party due to no particular property.

Nevertheless, on the same day, the Defendant was transferred KRW 1.5 million to the account in the name of D as described in paragraph (1) from the injured party on the same day.

3. On March 1, 2016, the Defendant committed the crime of March 1, 2016, in the Defendant’s residence indicated in paragraph 1, around March 1, 2016, repaid to the Victim C, “On March 8, 200, deposit money was set aside, and KRW 500,000,000 was additionally lent to the Defendant.”

“.......”

However, the facts are that the defendant bears a large amount of obligation for the lending company and other persons, and thus the recovered security deposit has already been different.