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(영문) 창원지방법원 2013.04.10 2012고단1915

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 11, 2010, the Defendant made a false statement to the victim C's wedding stores in the Seongbuk-gu D market in Changwon-si D market b. 22 Dong-dong, stating, "In order for the victim to enter and live in the apartment in the old Han-si in Masan, 5 million won of the deposit for the lease on a deposit basis is required, and if the money is lent, it will be repaid within one year."

However, in fact, the defendant's son did not have a plan to enter the above apartment house and used it as the director's expense. The defendant thought that he was merely a bad credit standing, and the defendant did not have any particular property, and bears approximately KRW 20 million with card-building price and personal bonds, and there was no intention or ability to pay the above money even if he borrowed the above money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on the same day.

2. Around March 26, 2010, the Defendant made a false statement to the victim stating, “I would like to make a director at the same place, and will make a repayment within one year if I would have lent KRW 3 million at the director’s expense.”

However, as described in the preceding paragraph, the Defendant did not have any intent or ability to repay the borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim on the same day.

3. Around April 8, 2010, the Defendant made a false statement to the victim, “If the victim plans to pay miscellaneous freight DCR, but if 5 million won is required at the cost of purchase of the goods, he/she transfers the money to E wholesale wholesalers, then he/she will pay all miscellaneous interest within one year after adding 3 additional interest every month.”

However, the facts are that the defendant was in bad credit standing, and there was no particular property, and the credit card premium of KRW 10 million, personal bond of KRW 10 million, in addition to the defendant's debt to the victim.