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(영문) 창원지방법원 2018.09.07 2018고단1292

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] Cases: Changwon District Court Decision on Dec. 23, 2016: Imprisonment with prison labor for a period of ten months/Suspension of the execution of two years: Final Decision on Jun. 2, 2017 [Criminal Records]

1. On June 16, 2017, the victim B stated that, at the office of a high-level withdrawal company office, a defendant in Kimhae-si, who was placed in Kimhae-si, the defendant held a telephone call to the victim B, the victim B saying, “If he/she has transferred money to the victim B in advance, he/she shall purchase and sell the scrap metal with the money and make payment by adding 40% of the principal and profits to the money.”

However, even if the defendant borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money to the injured party because he thought that it will be used for gambling and living expenses.

The Defendant received 3,502,500 won from the damaged party to the F Association account in the name of E on the same day, and 3,705,400 won from the F Association account in the name of G on June 17, 2017.

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

2. On June 20, 2017, the Defendant stated that “A victim H operated by the victim H in Kimhae-si I, on the water surface located in Gyeonggi-do, there exists a difference in the market price when selling the scrap metal in the lawsuit in Busan-do or Kimhae, and the Defendant would pay the purchase price of the scrap metal, including the difference in the market price, if it is remitted to Na, to pay the purchase price of the scrap metal within this frame.”

However, even if the defendant borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money to the injured party because he thought that it will be used for gambling and living expenses.

The Defendant, as above, was accused by deceiving the victim to transfer KRW 5,070,000 on the same day from the victim, and KRW 3,934,00 on June 22, 2017 to the F Association account under the name of the Defendant.

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

3. The victim E is the victim E at a Buddhist area of September 1, 2017 or below Kim Jong-si, and the victim E.