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(영문) 창원지방법원 2017.09.13 2017고단2693

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Records] Cases: Changwon District Court Decision on April 6, 2017: Imprisonment with prison labor for a period of three years: Determination on September 8, 2017 [criminal facts]

1. On April 25, 2015, the Defendant: (a) at the D office operated by the Defendant located in 302 of the building Kim Yong-si, Kim Jong-si, Kim Jong-si, the victim E needs to receive necessary checks from the business partnership in Japan.

If you lend KRW 10 million, they will be repaid within one month and the interest will also be paid in two copies.

“A false statement” was made.

However, there was no plan to collect necessary checks from Japan, and there was no intention or ability to repay the borrowed money with respect to various businesses promoted by the Defendant from others even if the Defendant received money from the damaged party.

On April 25, 2015, the Defendant received KRW 10 million from the injured party to the new bank account in the name of D, a corporation around April 25, 2015.

2. On April 28, 2015, the Defendant, at a place where it is difficult to identify the warning place, should have the victim enter the check by telephone and have a notarized cost.

In addition, it is waiting for a person to exchange money in Korea with a check.

“A false statement” was made.

However, there was no plan to collect necessary checks from Japan, and there was no intention or ability to repay the borrowed money with respect to various businesses promoted by the Defendant from others even if the Defendant received money from the damaged party.

On April 28, 2015, the Defendant received KRW 8 million from the injured party to the new bank account in the name of D Co., Ltd. on or around April 28, 2015.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 18 million and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act concerning the facts constituting the crime;