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(영문) 창원지방법원 2017.03.24 2016고단4296

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 21, 2015, the Defendant stated that “In a mutually influent restaurant located in the window of Changwon-si, the Defendant borrowed money to the victim C, “In a state of revocation of a license due to drinking driving, the Defendant was exposed to the police by driving at the same time while driving under the influence of alcohol, and the Defendant has to pay a fine exceeding KRW 10 million.”

However, in fact, the Defendant was required to pay money for the repayment of an urgent debt, and the Defendant did not lend money if she talks about the truth, and thus making a false statement despite the absence of a fine imposed by drinking driving. At the time, the Defendant had no intention or ability to pay money even if she has already been liable for a debt equivalent to 200 million won and borrowed money from the injured party.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 18 million from the victim to his/her agricultural bank account (D) on January 21, 2015, including KRW 15 million, and KRW 3 million on January 26, 2015.

2. On January 26, 2015, the Defendant: (a) received a proposal for the operation of a swine shed from the said victim; and (b) promised to purchase the site of the swine shed through an auction at a court; and (c) made a promise to invest half of the costs of the relevant stable facilities to the victim to the victim on February 2015; and (d) called the victim to the Habman on February 2015, the Defendant bid “the site of the cattle shed in the second order.”

In this regard, it was said that the bid price was insufficient and that 20 million won was remitted.

However, the defendant thought that he would use money to pay his personal debt, did not take the order of bid at an auction at the court and did not require the purchase price. At the time, the defendant had no intention or ability to pay his money even if he borrowed money from the injured party due to the fact that he had already incurred a large amount of other debts.

The defendant deceivings the victim as such, and purchases the land for the swine shed from the victim.