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(영문) 창원지방법원 통영지원 2016.12.22 2015고단1265
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On December 5, 2011, the defrauded concluded on December 5, 2011, that “The Defendant would pay the full-time deposit within the number of days if he/she lends the full-time deposit amount of KRW 10 million to the victim E,” at the convenience store within the D resting area located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and that “The Defendant would pay full-time deposit within the number of days if he/she lends the full-time deposit amount of KRW 10 million to the victim E.

In fact, however, the D Rest operated by the defendant was in a state of deficit, and the secured loan was in excess of the debt amounting to 1.4 billion won, and there was no intention or ability to repay the loan even if it was borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above, and acquired cash of KRW 10 million from the victim on the same day as the loan money from the victim.

2. On January 12, 2012, the defrauded concluded on January 12, 2012, that “The Defendant would have repaid the victim without any mold, including interest, at the victim F’s residence within the said D resting area, by lending KRW 10 million to the victim via this part, and by lending KRW 30 million to the victim more than KRW 30 million after several months.”

In fact, however, the D Rest operated by the defendant was in a state of deficit, and the secured loan was in excess of the debt amounting to 1.4 billion won, and there was no intention or ability to repay the loan even if it was borrowed money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 30 million from the victim to the Agricultural Cooperative Account in his name on the same day as the loan money, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement related to F, E, and G;

1. A complaint;

1. Copies of bankbooks, copies of bankbooks, and copies of cash custody certificates; and

1. The defendant asserts to the effect that he/she had the intent and ability to repay the money from the victims when he/she borrowed the money from the copy of the D recreation center, and the list of the suspect A creditors.

(b)a suspect;

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