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(영문) 창원지방법원 통영지원 2015.08.13 2014고단1129
사기
Text

Imprisonment with prison labor for one year, and for the crimes of No. 4 and No. 5 as stated in the judgment of the defendant, for the crimes of No. 1 to No. 3 as stated.

Reasons

Punishment of the crime

[criminal power] On December 3, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Mountainous Districts Management Act, etc. in the Changwon District Court was sentenced to two years of suspension of execution on December 11, 2008. On August 12, 2011, the judgment was finalized on August 20, 201.

[2014 Highest 1129]

1. The Defendant, on August 2008, posted a phone to the victim C’s mobile phone, and concluded that “The Defendant immediately went to the hospital emergency room because he/she was written in a gold box,” and that he/she would have to perform brain operation. If he/she borrowed only ten million won, he/she would have to perform brain operation with the said money, and have to complete payment of ten million won with the said money.”

However, the Defendant’s wife did not have any intention or ability to repay the loan even if it borrowed money from a financial institution because it is difficult to obtain the loan under the name of the Defendant due to the fact that there was no intention or ability to do so, or there was no brain surgery. At the time, the Defendant’s wife did not have any intention or ability to do so.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim on the same day.

2. On September 2008, the Defendant stated that “The wife needs to undergo brain surgery and pay money to the victim for medical expenses, etc.” at the E station operated by the victim C, which was operated by the victim C, in the middle-term patrolman D, in the middle-term, 2008. If the wife borrowed KRW 90 million more, the Defendant would have repaid 10 million with the borrowed 10 million won, as well as 10 million won.”

However, the Defendant’s wife did not have any intention or ability to repay the loan even if it borrowed money from a financial institution because it is difficult to obtain the loan under the name of the Defendant due to the fact that there was no intention or ability to do so, or there was no brain surgery. At the time, the Defendant’s wife did not have any intention or ability to do so.

The Defendant, as such, deceiving the victim, and deceiving him/her from the victim on September 24, 2008, and KRW 84 million.

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