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(영문) 창원지방법원 마산지원 2016.08.31 2016고단377

사기

Text

The defendant shall be punished by imprisonment with prison labor for 2 months for the crime No. 1-A, 2-3, 4, 5, and 6 of the judgment, and imprisonment with labor for 8 months for the crime.

Reasons

Punishment of the crime

① On January 24, 2005, the Defendant was sentenced to two months of imprisonment and ten months of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the above punishment on October 9, 2005.

② On December 30, 2009, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul East District Court, and the said judgment was finalized on April 10, 201, and the execution of the said punishment was completed on November 2, 2011.

③ On December 24, 2015, the Defendant was sentenced to forgery of securities, forgery of false securities, imprisonment with prison labor for six months as a crime of fraud, and imprisonment with prison labor for four months at the Seoul Eastern District Court on December 24, 2015, and the said judgment became final and conclusive on January 1, 2016.

[2016 Highest 377]

1. Fraud against the victim C;

A. On January 31, 2008, in a factory where it is impossible to find out the trade name in South and North Korea, the Defendant may impose a large amount of money on the victim C as it is possible to receive the value of the Gu administration only if it is released in advance due to dumping prior to the explanation.

When a person lends money, he/she shall sell the money with the payment of the money.

“A false representation was made.”

However, even if the defendant borrowed money from the injured party, he did not have the intent and ability to borrow money or to repay the borrowed money.

However, as above, the defendant deceivings the victim as above, and 7 million won in the name of purchase from the victim, i.e., e., the victim, and 2 million won in the name of the victim on February 2, 2008, which was transferred to the post office account in the name of the defendant. < Amended by Presidential Decree No. 2000, Feb. 2, 2008>

B. Around January 9, 2009, the Defendant called the victim C to pay KRW 12 million if he/she borrowed 3 million to the full payment of the full payment of the full payment to the full payment of the full payment.

“A false representation was made.”

However, even if the defendant borrowed money from the injured party, he did not have the intent and ability to repay it.

In this regard, the defendant deceivings the victim as above and deceivings the victim, i.e., KRW 2.7 million from the victim, i.e., KRW 3 million from the victim, and KRW 300,000 from May 13, 2009.