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(영문) 창원지방법원 통영지원 2016.07.07 2016고단37

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around July 2014, the Defendant entered the victim C as a person in charge of internal care in order to carry out the programs of the medical care center in macro-si D.

The government's permission has diminished and the permission has been lowered only in the city, and the Medical Care Center for Persons with Disabilities is established.

People are in a state of multi-party-friendly investment.

If an investment is made in the project as a social welfare program, it may receive a profit together with the principal in either interim or one share when profit has accrued without any loss of principal.

Inasmuch as “the Plaintiff recommended to make an investment to the effect that it is not sufficient to make an investment from the victimized party,” the Plaintiff may receive a loan from the Saemaul Treasury that wishes to have the land owned by her husband in Daegu-gu as security.

In addition, by soliciting the Medical Care Center project, 100 million won was invested in the Medical Care Center project, and 70 million won was invested from the injured party.

However, in fact, there was no appropriate investor in the medical care center project that the defendant was found from the spring in 2013, and the loan was not carried out properly due to the lack of sufficient progress, and the defendant invested 30 million won in the medical care center project to the victim and 100 million won.

However, there was no money invested by the defendant, and even if the defendant was given KRW 70 million from the victim, he did not have the intent or ability to pay the above money to the victim by using the money for the medical care center.

Nevertheless, on September 17, 2014, the Defendant: (a) by deceiving the victim; (b) applied for a loan of the victim’s land owned by the husband as collateral at the victim’s residence located in the Si F on September 17, 2014; and (c) had the victim prepare a remittance certificate so that the amount of KRW 70 million out of KRW 350 million may be deposited at the same time with the loan; and (d) received KRW 70 million from the Saemaul Bank in Daegu-gu Saemaeul-gu, Seoul, by means of the above remittance certificate to the Saemaul Treasury account in the name of the Defendant pursuant to the above remittance certificate.