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(영문) 창원지방법원 마산지원 2017.06.13 2017고단421

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On June 1, 2013, the Defendant: (a) around the D mother in Busan Shipping Daegu C, the Defendant loaned the victim E with the money that the mother would have to raise for the relief fund due to the pertinent litigation relationship; (b) provided that the mother would have to own the money within KRW 10 million; and (c) provided that he would repay the money by selling it within three months.

However, at the time of fact, there was no real estate owned by the Defendant, and there was only one apartment house owned by his mother, but it did not have any value as a collateral because of set of many collateral mortgages, provisional seizures, etc., and there was no intention or ability to repay the debt even if the Defendant borrowed money from the injured party.

The defendant deceivings the victim as above and affiliated with it was transferred to the Saemaul Treasury account (Account Number:F) in the name of the defendant under the name of the victim from the victim on the same day.

B. On December 2013, the Defendant entered the victim E in the Doel located in Busan Shipping Daegu C, around Busan, with the name of the victim E, who performed a major funeral service in the 20th century.

In good faith, the money was well punished for money, but the fraud was avoided, and the funeral was retired.

The purpose of this study is to purchase a second-hand vehicle from the loan of money, and to pay interest and principal by selling the money, and to pay all of the money borrowed within one year.

However, at the time of fact, the Defendant did not have the ability to make profits through a heavy trading business, such as the borrowed money from the injured party, and some of the borrowed money from the injured party would have used it as daily expenses or as repayment of the existing obligation. Therefore, the Defendant did not have the intent or ability to pay the borrowed money even if it was borrowed from the injured party.

The defendant deceivings the victim as above, and his deceivings the victim from March 17, 2014 to March 27, 2014, the Agricultural Cooperative Account (Account Number:G) in the name of the defendant from March 17, 2014.