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(영문) 창원지방법원 2017.09.19 2017고단1427

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 1, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Changwon District Court, and the said judgment became final and conclusive on February 5, 2013.

In 2010, the defendant did not have a fixed income and did not have a living cost, and was faced with economic difficulties such as accumulation of debt, with the victim C who was known to ordinary people as if he would repay the principal and interest in accordance with the agreement, he saw that he would receive money as the borrowed money and received it as the borrowed money.

1. On November 14, 2010, the Defendant of the crime committed on or around November 14, 2010, borrowed money from the lending company in the name of “the victim” to the victim in the name of “the victim” and the principal shall be repaid to him/her.

“.....”

However, the defendant did not have an intention or ability to pay the principal even if he borrowed the money from the injured party because there is no fixed income and there is no economic difficulty such as cumulative debt.

Nevertheless, the Defendant at the end of the foregoing false statement and was transferred to the Defendant’s account in the name of the Defendant’s wife designated by the Defendant, totaling KRW 3.9 million around the 17th day of the same month and KRW 28 million around the 18th day of the same month.

2. On July 7, 2011, the Defendant, on the front day of the Central Fire-Fighting School located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in order to pay back to the Defendant the money borrowed from the Company as soon as possible, with the money borrowed from the Company, if only 20 million won is leased.

“.....”

However, the defendant did not have an intention or ability to pay the principal even if he borrowed the money from the injured party because there is no fixed income and there is no economic difficulty such as cumulative debt.

Nevertheless, the Defendant, as mentioned above, was falsified and was transferred to the account in the name of the Defendant on the same day from the damaged person.

In this respect, the defendant has a total of twice.