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(영문) 창원지방법원 2016.07.20 2016고단1076

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 13, 2015, the Defendant would offer a victim C, who had been under his/her teaching system with the Defendant at any place located in Changwon-si on February 13, 2015, to pay the purchase price by credit card instead of KRW 720,000,000 on the date of the settlement of the card on the face of Jeju.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to pay the card price to the victim because of no particular income at the time.

As above, the Defendant: (a) by deceiving the victim as above; (b) had the victim make payments instead of KRW 720,000,000; and (c) had the victim acquire financial benefits equivalent to the same amount.

2. On February 23, 2015, the Defendant would lend KRW 40 million with the funds for clothing shopping mall business to the victim at any place on or around February 23, 2015, including interest, at KRW 50 million, within two years from the loan.

The phrase “ makes a false statement.”

However, in fact, the Defendant had intended to use most of the borrowed money as a used car purchase or living cost, etc., and had no specific property, so there was no intention or ability to repay the borrowed money.

The defendant deceivings the victim as above and transferred 40 million won to the corporate bank account under the name of the defendant on the same day from the victim.

3. On June 26, 2015, in order to open a clothing shopping mall to the victim at any place on or around June 26, 2015, the Defendant is required to pay the victim an amount of KRW 1 million with the cost of establishing a card payment system. If the Defendant borrowed money at a time, he/she will pay the amount immediately after operating the shopping mall.

The phrase “ makes a false statement.”

However, in fact, the Defendant had the intent to use the borrowed money for the cost of living, not for the cost of establishing the card settlement system, and was difficult to operate the shopping mall, so there was no intention or ability to repay the borrowed money.

The defendant deceivings the victim as such, and is on the same day from the damaged person.