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(영문) 창원지방법원 2014.03.11 2013고단1291
사기
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to imprisonment with prison labor for not more than six months at the Changwon District Court for fraud and the same year.

5. 10. The above judgment became final and conclusive.

[2013 Highest 1291] Around March 9, 2011, the Defendant made a false statement to the effect that “The Defendant would have been able to use the money for personal purposes, such as Defendant’s living expenses, even if receiving money from the victim G for the expenses of debt collection, etc., and would not have any intent or ability to collect the victim’s claims, the Defendant would be able to collect the victim’s claims against H without any molding, and would have paid the expenses.”

As such, the Defendant, by deceiving the victim, received KRW 500,000 from the victim for the same day as the expenses for collecting the claim from the victim, and acquired KRW 22,40,000 from that time to August 14, 201, in total, nine times from that time, including the expenses for collecting the claim of the victim, such as the statement in the attached crime list.

[2013 Godan3932] On January 14, 2012, the Defendant stated that “A victim C was entitled to claim KRW 40 million against Party I, and 3,200,000,000,000,000,000 won.”

However, even if the defendant receives money from the victim as above for expenses for debt collection, it was thought that it would be used for personal purposes such as living expenses of the defendant, and there was no intention or ability to collect the victim's claims.

As such, the Defendant deceptioned the victim, namely, KRW 500,00 from the victim’s seat, KRW 1.5 million around January 16, 2012, KRW 500,000 around January 19, 2012, and KRW 700,000 from the victim, and acquired a total of KRW 3.2 million from the victim.

Summary of Evidence

[2013 Highest 1291]

1. Defendant's legal statement;

1. The police statement concerning G;

1. Transactions in the requested account;

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