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(영문) 창원지방법원 통영지원 2015.10.08 2015고단245

사기

Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2015 Highest 245]

1. On February 8, 2012, the Defendant made a false statement that “If 20 million won is lent to the victim C, 400,000 won will be paid on the monthly interest, and the principal will be repaid until December 8, 2012,” at the Defendant’s house located in the D Building 902, Dong Young-si, Dong Young-si, and that “The principal will be repaid by December 8, 2012.”

However, at the time, the Defendant could not pay the fraternity to the members of the winning bid, and was in the so-called so-called "domination" in which the Defendant organized another system and paid the fraternity to the members of the winning bid. Since there was no property at the time, there was no intention or ability to pay the fraternity even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 20,000,000 won from the victim’s seat.

In addition, from around that time to June 16, 2014, the Defendant received a total of KRW 80,000,000 in the same four occasions as shown in the attached Table 1.

2. Around May 10, 2013, the Defendant entered the Defendant’s house located in the D Building 902 at the time of Tong Young-si, with the victim C, and made a false statement to the effect that “If the Defendant, at the Defendant’s house, subscribed to the D Building 902, he would make a payment for the said amount without any excess of the monthly payment amount, the Defendant would make a payment for the said amount.”

However, in fact, the Defendant was unable to pay the fraternity to the members of the successful bid bid which he is responsible for, and was in a situation where the Defendant organized another system and paid the fraternity to the members of the fraternity, so he did not have the intent or ability to pay the fraternity even if he received the fraternity from the victim.

The Defendant, as such, by deceiving the victim, received 2.3 million won from the victim under the pretext of guiding the victim.

In addition, from around that time to August 25, 2014, the Defendant entered the list of crimes in attached Form 2.