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(영문) 창원지방법원 밀양지원 2014.04.03 2013고단586
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 29, 2012, the Defendant told C of a mobile phone sales store operated by the Defendant in Seongbuk-gu, Changwon-si, to the effect that “The Defendant would pay the victim C, known to his knowledge of his/her reputation, on the early date when he/she lends money.”

However, in fact, the defendant borrowed money from bank loans and relatives, and opened the above mobile phone sales store, and even if he borrowed money to the victim, he did not have the intention to pay it soon.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim on July 29, 2012, KRW 6 million on September 2, 2012, and KRW 1 million on September 7, 2012, respectively, from the national bank account in the name of the Defendant to the national bank account in the name of the Defendant, and was transferred KRW 5.7 million on September 9, 2012 to the national bank account in the name of the Defendant used by the Defendant.

Accordingly, the defendant deceivings the victim, thereby deceiving 24.7 million won in total from the victim.

2. Around February 20, 2013, the Defendant stated that “The Defendant would pay the victim F, a son E, through E, the store store of the aforementioned mobile phone sales store, by March 18, 2013, if he/she lends money.”

However, in fact, the defendant borrowed money from bank loans and relatives, and opened the above mobile phone sales store without any property owned by him/her, and even if he/she borrowed money from the victim due to the fact that the above mobile phone sales store continued, he/she did not have the intent to repay it until March 18, 2013.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of G, which is the seat of E, and subsequently, received money from the victim via E to the account in the name of the next Defendant.

In this respect.

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