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(영문) 창원지방법원 2013.05.10 2012고단3789

사기

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 became final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 3789] On June 10, 2010, the Defendant made a false statement to the victim D’s house located in Changwon-si Member C, Changwon-si, and that the Defendant was running at the time, E, a stock company, which received credit card cash services for the operation of the said company, or took the obligation of several million won by lending money from the mother or in his/her usual knowledge, and even if the Defendant borrowed money from the victim, he/she did not have any intent or ability to repay it, the Defendant made payment to the victim within six months if he/she lent 15 million won with the funds for the operation of the said company, and until that month, he/she would make payment to the victim.

As above, the Defendant, by deceiving the victim as above, was given KRW 15 million from the victim around June 10, 201.

[2012 Highest 3921] On October 10, 2011, the Defendant: (a) at the HMasan point where the Defendant’s operation of the Defendant was located at the window G of Changwon-si, Changwon-si, the Defendant: (b) “The Victim I, who is a fishery business operator, will give KRW 11,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won; (c)

However, as above, the defendant did not have the intent or ability to pay the price even if the victim has harmed the interior work.

Accordingly, the defendant, by deceiving the victim, has acquired 7 million won proprietary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. [Attachment]: Revenue certificate, certified transcript of corporate register, notarial deed, details of liquidity transactions;

1. [Attachment 2012 Highest 3921]: Application of the Acts and subordinate statutes to a written complaint (written complaint, Notarial deed, and written estimate);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 of the Criminal Act: