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(영문) 창원지방법원 2017.04.26 2016고단3450
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On January 6, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Changwon District Court, and the judgment became final and conclusive on January 14, 2016.

1. On September 18, 2014, the Defendant: (a) called the victim B by telephone at an unclaimed place on September 18, 2014; and (b) leased the victim’s money from the victim B.

However, it is possible to get a loan free of charge, so the loan of KRW 10 million will be repaid in full within one month.

The phrase “ makes a false statement.”

However, at the time of fact, the Defendant was a person with bad credit standing who did not have any property or income, and was lent money as a fine under the absence of an occupation of lending money, and thus, the Defendant did not have any intention or ability to repay money in one month even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received money from the victim to the Busan Bank Account (Serial number: C) in the name of the Defendant on the same day from the victim, and acquired money from the victim.

2. On October 2014, the Defendant, at the victim’s house located in D apartment No. 1301, 901, 1301, 1301, 901, the Defendant, “on the land owned by the mother of the mother of the mother of the mother of the mother of the mother of the household, and live together with us. In order to hold the house on the land, the Defendant would use the building cost of KRW 100,000,000 as the principal construction cost, and the Defendant would sell the house that the mother of the mother of the household of KRW 35,00,000,000 as the principal construction cost.

The phrase “ makes a false statement.”

However, in fact, at the time, the Defendant had the intent to repay the debt amounting to 35 million won due to gambling, and there was no idea to use it as construction costs for constructing a house to reside with the victim. Therefore, even if the Defendant received money from the victim, there was no intention or ability to repay the debt amount.

On October 20, 2014, the Defendant deceivings the victim as such, and up to October 20, 201.

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