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(영문) 창원지방법원 통영지원 2016.05.03 2015고단1188

사기

Text

The defendant shall be punished by imprisonment with prison labor for not more than 4 months and by imprisonment for not more than 2 and 3 months for the crimes set forth in the judgment of the court below.

Reasons

Punishment of the crime

[criminal records] On February 23, 2011, the Defendant was sentenced to imprisonment of one year and six months with prison labor for fraud, etc. at the Changwon District Court’s Tong branch branch, and completed the execution of the sentence on September 18, 201. On February 20, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. on May 13, 2013 and the judgment became final and conclusive on November 13, 2013. On November 5, 2015, the Defendant was sentenced to two years and four months of imprisonment with prison labor for forgery of private documents, etc. at the Changwon District Court, and the judgment became final and conclusive on January 7, 2016.

[Criminal facts] 2015 Highest 1188

1. On August 2012, the Defendant made a false statement with the victim C, who met the victim C, at his/her mutual infinite clothes located in Tong-si, Tong-si, Dong-si. From around September of the same year, the Defendant sent the victim by telephone to the victim “as he/she paid interest on business funds in two copies per month, he/she borrowed KRW 10 million.”

However, in fact, the defendant did not have certain occupation and income at the time, and did not have any other assets, and even if he borrowed money from the victim due to the bad credit standing and excess of debts, he did not have any intent or ability

Nevertheless, the Defendant, as seen above, received KRW 10 million from the victim by deceiving him/her as the borrowed money from the victim on September 18, 2012 and received KRW 10 million in the name of D as the borrowed money from the victim, and received KRW 31 million in total eight times from that time until that time from the 28th day of the same month as indicated in the list of crimes in the attached Form.

"2016 Highest 77"

2. On December 11, 2014, the Defendant: (a) told the victim G at the F coffee shop located in Dong Young-si, Dong Young-si to the effect that “The Defendant would allow the victim G to kill the amount of KRW 5,00,000,000,000 as the guarantee amount for KRW 301, 2102, Dong Young-si, Dong Young-si, Dong Young-si.”

However, in fact, the above apartment was leased by the defendant from the owner of the above apartment, KRW 5 million, monthly rent of KRW 2 million, but at the time, the defendant was the owner of the above apartment.