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(영문) 창원지방법원 밀양지원 2020.01.30 2019고단159

사기

Text

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

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

Reasons

Punishment of the crime

[2019 Highest 159] On April 2018, the Defendant made a false statement to the victim D, who was working and known at the above convenience store at the convenience store located in Gyeongnam-gun and Gyeongnam-gun, stating that “The Defendant would make a fund through his/her investment in Madong-gu, and make a return on investment is good. The six accounts have been assigned, and the amount has not been outside four accounts due to lack of money. In this sense, the Defendant would make an investment in 2nd unit, 120% of its profits.”

However, in fact, the Defendant did not invest in the fund, and there was no intent to invest in the fund only when the Defendant received money from the victim to use it for the Defendant’s living expenses.

In addition, the defendant did not have any special property under his own name, and since the credit rating at the time was 9-class 9 and the debt of a financial institution was about KRW 45 million, there was no ability to pay the agreed profit even if it was received money from the victim.

As above, the Defendant, by deceiving the victim, received 620,000 won from the E Association account in the name of the Defendant’s name, as well as by deceiving the victim from around that day to July 6, 2018, and received total 2,302,40 won from the victim four times in total, including the transfer of KRW 620,00 from around that day.

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

[2019 Highest 519]

1. On March 10, 2019, the criminal defendant against the victim F made a false statement to the victim F, who was aware of his/her reputation at a place where the location cannot be known, that “The victim F, who borrowed money more than the loan interest, is aware of the fact that he/she borrowed money to the victim.” The Defendant made a false statement to the victim F, who was aware of his/her telephone at a place where the victim’s identity cannot be known, with the victim F

However, in fact, the defendant did not intend to connect the loans only because he thought to use them as living expenses, repayment of existing debts, etc. with money from the victim.

In addition, the Defendant did not have any special property under his own name, and the Defendant has a financial right obligation.