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(영문) 광주지방법원 순천지원 2016.09.22 2016고단871

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On September 29, 201, the Defendant lent KRW 5 million to the victim at the D cafeteria located in the Macheon-si, Net City, “The need to pay money at the Plaintiff’s expense of the son in Seoul.” The Defendant said that he would pay money after a month.

However, since the defendant's monthly salary alone was insufficient to repay the principal and interest of debt and to cover living expenses, the defendant did not have any intent or ability to repay the debt even if he borrowed the money from the injured party.

The defendant deceivings the victim as above and transferred the total amount of KRW 5 million to the Agricultural Cooperative Account (Account Number: F) in the name of the defendant E in September 30, 201 and KRW 5 million in total on October 7, 201.

B. On March 16, 2012, the Defendant: (a) in the H restaurant located in the Hacheon-si G on March 16, 2012, “a rejection is open, and KRW 10 million is required as the hospital cost.

1. After the month, the retirement pension was paid upon the retirement of the agricultural cooperative.

However, in fact, at the time, the Defendant did not have any intent or ability to repay money from the injured party even if he borrowed money from the injured party because the Defendant’s monthly salary alone was insufficient to repay the principal and interest of the Defendant’s debt and to cover the living expenses, and there was no retirement allowance which can be paid due to the settlement of the retirement pay.

Defendant deceiving the victim as above and transferred KRW 10 million to the said Agricultural Cooperative Account on March 17, 2012 from the victim.

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

2. On September 21, 2012, the Defendant, against the victim I, told the victim to receive insurance proceeds if he/she borrowed KRW 5 million as the cost of surgery is required to do so in a mutual influent restaurant located in Mineyang-si.