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(영문) 창원지방법원 2014.02.14 2013고단1051
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On or around April 6, 2012, the Defendant is entitled to receive at least 30 million won deposit at the end of March, 2012, at the C week where he operated by the Defendant at Kimhae-si (hereinafter “E company”). The Defendant: (a) at the C week where the Defendant had operated his home singing, raising a profit equivalent to KRW 10 million per month while operating his home singing, and (b) at the time three villages where he left the house with the intention to take over and selling the house, which have been seen as having been left the house, are in consultation with the intention to take over and at least 30 million won; and (c) the amount exceeds KRW 30 million invested in the agency. The inside of the Republic of Korea is a member of the E company, which is a member of the Kusan-si Hospital (hereinafter “E company”); and (d) in this case, it is difficult to receive KRW 20 million operating allowances under a contract with the head of Yangsan-si Hospital; and (d) if the payment of the vehicle, etc. should be made at the end of March.

However, since there was no money to receive a security deposit or operating allowance, etc. even if the money was not paid properly at the time, there was no intention or ability to repay the money even if it was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received from the victim a transfer of KRW 20 million as the borrowed money in its original place.

2. On April 12, 2012, the Defendant made a false statement to the victim D, stating that “The money to be sought is required due to the lack of deposit money to be accumulated. The Defendant would be repaid with the money borrowed prior to May 30, 201, along with the money borrowed. I will receive the money from the pre-paid household to work for Hyundai Capital.”

However, even if the deposit is borrowed as security, the intent of the victim to pay the money borrowed from the victim.

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