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(영문) 창원지방법원 진주지원 2018.09.04 2018고단717

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was aware of the victim C through the victim C, with the knowledge of the fact that “A victim D was lent to the victim C with a loan exceeding KRW 80 million for credit recovery of the victim C, but it did not use it as it was difficult to repay the victim C’s credit recovery early, and the victim C is in possession of KRW 30 million and KRW 50 million each, without using it.”

1. On November 18, 2016, the criminal defendant against the victim C made a false statement to the victim C by phoneing it to the victim C at a Buddhist area of not more than Daejeon Daejeon-dong, Daejeon-gu, and “I would pay interest at 3% per month if I would lend money to the victim C.”

However, in fact, the defendant did not properly operate the bond business at the time, did not have a certain amount of income, and rather did not have a debt of approximately KRW 4.8 million without the property in the name of the defendant, so even if he borrowed money from the victim, he did not have the intention or ability to pay the principal and interest.

Nevertheless, the defendant was accused of the victim and transferred 20,500,000 won to the Agricultural Cooperative Account (Account Number E) in the name of the defendant on the same day from the victim, and 1.5 million won was paid in total with the deposit of 22 million won.

2. On November 22, 2016, at around 19:00, the Defendant made a false statement to the victim D that he/she would pay interest of 3% per month by lending KRW 50 million to the victim D and friendly victim D at the G 1st floor coffee shop located in Daejeon-gu Daejeon Special Metropolitan City.

However, in fact, the defendant did not properly operate the bond business at the time, did not have a certain amount of income, and rather did not have a debt of approximately KRW 4.8 million without the property in the name of the defendant, so even if he borrowed money from the victim, he did not have the intention or ability to pay the principal and interest.

Nevertheless, the defendant is the victim as above.