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(영문) 창원지방법원 2016.08.11 2016고단1075

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 2014, the criminal defendant against the victim C would pay the principal and three additional interests to the victim at the home of the victim C, who was aware of the peace in Kimhae-si D around the end of January 2014, by adding the principal and three additional interests until February 24, 2014.

“.” The purport was “.

However, the Defendant had no property under his name and was in a state of being unable to receive living expenses that he remitted to her husband at the time, and was receiving KRW 400,000 per month from her husband E’s house, but there was no income in fact as interest on the obligation established as security was paid in KRW 1,00,000 per month, and was already receiving a large amount of obligation from the neighbors, and there was no intention or ability to pay the money as agreed even if he borrowed money from the damaged person, because most of the money that was left in the gambling at the time was in a situation of gambling.

Nevertheless, the defendant deceiving the victim as above and obtained cash 10,000,000 won from the victim as the loan money on the same day, and acquired it through the delivery of 72,50,000 won in total on seven occasions, such as the list of crimes in the attached Table.

2. On January 2015, the Defendant against the Victim F, who was aware of the fact that he was a police officer from the first place on the first place on 2015, shall be given a telephone to the Victim F, and he shall be given a full payment without being 10 days on the loan of KRW 48 million.

“.” The purport was “.

However, the defendant did not have any intent or ability to pay the money in accordance with the promise even if he borrowed the money from the damaged person due to the reasons such as Paragraph 1.

Nevertheless, the defendant deceivings the victim as above and obtained cash 4,80,000 won from the victim as the loan money on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F.