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(영문) 창원지방법원 2016.09.29 2016고단2068

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 2015, the Defendant acquired money by deceptioning KRW 10 million by fraud to the victim’s house in the victim C, which was located in the Haim Kimhae-si B, with the false statement that “on September 30, 2015, if the Defendant borrowed KRW 10 million to the victim, he/she would complete payment of KRW 5 million on September 30, 2015, and KRW 5 million on October 30, 2015.”

However, the defendant borrowed money to repay 12 million won at the time, and even if he/she borrowed money because he/she did not have any purchase of money, he/she did not have any intent or ability to repay the money to the victim.

On September 3, 2015, the Defendant was transferred 10 million won to the corporate bank account (D) account of the Defendant for the purpose of borrowing money from the damaged party.

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

2. On October 2, 2015, the Defendant acquired 8 million won by deception, saying, at the above victim’s house on October 14, 2015, the Defendant made a false statement stating, “The Defendant would have to pay 10 million won with the money first borrowed by the husband until March 13, 2016, when he/she received the money from the customer.”

However, in fact, the Defendant borrowed money to repay a debt of approximately 12 million won at the time, and even if her husband borrowed money from the damaged party due to 30 years ago, her husband did not have any intention or ability to repay the money to the victim.

Around October 2, 2015, the Defendant was granted KRW 6 million in cash from the victim’s house to the victim’s house as the borrowed money, and KRW 2 million in cash on October 4, 2015 as the borrowed money. < Amended by Act No. 13583, Oct. 2, 2015>

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the C substitute part of the examination);

1. Statement made by the police against C;

1. A copy of complaint, a loan certificate;

1. Application of Acts and subordinate statutes on trading;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.