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(영문) 창원지방법원 통영지원 2016.10.19 2016고단902

사기등

Text

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

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

Reasons

Criminal facts

1. Around June 13, 2013, the Defendant acquired advance payments, thereby making a false statement to D, the representative of the victim C office located in Tong Young-si B, stating that “The Defendant would put the victim’s company into gambling work from October 2013 to June 2014, 2,000 won as advance payments.”

However, in fact, the Defendant did not have certain property or income at the time, and the Defendant was not in the state of having been able to do so, so even if having received money from the victim, there was no intention or ability to do so for the said agreed period.

A defendant was transferred KRW 2,00,000 to the account of community credit cooperatives (Account Number: E) in the name of the defendant at around 16:08 on the same day as advance payment from D.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 21, 2016, the defrauded of the borrowed money, the Defendant, at the same time F on February 21, 2016, made a false statement to the effect that “The Defendant would have repaid KRW 2,00,000 to the victim G within several months if he/she borrowed KRW 2,00.”

However, in fact, the defendant did not have certain property or income at the time, and was thought to use the money received from the victim as a house and insurance money, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.

On the same day, the Defendant received 2,00,000 won from the victim to the account of community credit cooperatives in the name of the Defendant as stated in paragraph (1) on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. On February 23, 2016, the Defendant fraudulently made a false statement to the victim G of paragraph (2) that “If a credit card is lent, goods will be purchased at home shopping, and the amount of the credit card usage will be settled on the settlement date.”

However, the defendant did not have certain property or income at the time, so even if he used the credit card of the victim.