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(영문) 창원지방법원 마산지원 2019.07.16 2019고단355

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On June 25, 2013, the Defendant made a false statement to the effect that “The Defendant would pay the victim the interest of KRW 20 million by paying the interest of KRW 3 if he/she lent KRW 20 million to the victim via E at a restaurant operated by D in Changwon-si, Changwon-si.”

However, in fact, the Defendant did not have any income other than the flooded farmer, and had a debt equivalent to KRW 100 million due to the failure of farming over several years, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay the principal and interest within two months.

Nevertheless, the Defendant, by deceiving the victim, obtained two copies of the fake Check (H, and I) from the victim on the same day on the same day.

B. On July 6, 2013, the Defendant, via E, lent KRW 5 million to the victim for repair of machinery through E, “If the Defendant, prior to harvesting agricultural crops, he/she would have to pay interest by August 5, 2013, including KRW 20 million.”

However, in fact, the Defendant did not have any income other than the flooded farmer, and had a debt equivalent to KRW 100 million due to the failure of farming over several years, so even if he borrowed money from the victim, he did not have the intention or ability to pay the principal and interest within one month.

Nevertheless, the Defendant, by deceiving the victim as such, acquired 5,000,000 won from the victim to the J account under the name of the Defendant on the same day.

2. Around July 2017, the Defendant proposed that the Defendant entered into a contract with the victim who entered into a contract for a party-based farmer around 2016 and received KRW 15 million in advance from the victim, who had been under a contract for a party-based farmer around 2016, to supply the equivalent amount of the above advance payment when he/she harvested a party-based farmer from the 30-dong Haak.