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(영문) 창원지방법원 마산지원 2019.10.30 2019고단527
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. Around April 6, 2016, the Defendant made a false statement with the victim B’s house located in Yongcheon-si C, stating that “When he/she lends money to his/her infinite-si, his/her infinite-si, he/she will pay interest and return the principal at any time when necessary.”

However, in fact, the defendant merely thought that he will use money for personal purposes from the victim and did not have any special income and did not have any intention or ability to pay the principal to the third party, such as making it impossible to pay the loan without borrowing the money from the third party.

As above, the Defendant, by deceiving the victim as above, received 11.7 million won in cash, excluding interest, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim D;

A. On January 5, 2017, the Defendant made a false statement to the victim D at the Defendant’s home located in Yongcheon-si E that “I will pay interest on the loan of money if I lend money to I do play in a restaurant. I will pay the money.”

However, in fact, the defendant merely thought that he will use money for personal purposes from the victim and did not have any special income and did not have any intention or ability to pay the principal to the third party, such as making it impossible to pay the loan without borrowing the money from the third party.

Around January 11, 2017, the Defendant: (a) by deceiving the victim; (b) transferred KRW 6 million to the H bank account in the name of the Defendant’s G around January 11, 2017, through F, which was the place of the victim; and (c) received KRW 7.5 million in cash via F around that time.

Accordingly, the defendant was given property by deceiving the victim.

B. On March 13, 2017, the Defendant made a false statement to the effect that “The Defendant would pay the victim interest by telephone at a place in an unsound manner with the victim’s speech amounting to KRW 20 million.”

However, the defendant is true.

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