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(영문) 창원지방법원 2014.11.05 2013고단3894
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 29, 2013, the fraud Defendant made a false statement that “C” in the Chinese territory, “C,” located at macro-si B, on July 22, 2012, would receive money from the victim D without a molding if he/she is engaged in domestic corporate bonds and debt collection business, and (b) is entrusted with his/her work.”

However, the defendant did not engage in the bond business and debt collection business, and even if he received money from the victim, he did not have the intent or ability to recover the money borrowed by the victim in lieu of the other person.

On July 29, 2013, the Defendant, by deceiving the victim, received KRW 1,20,000,000 from the victim, in cash in front of the post office located in 693-1, Go-dong 693-1, Go-dong, Go-dong, Go-dong, from the victim.

2. On July 31, 2013, the defrauded made a false statement to the victim on July 30, 2013, stating that “Around July 30, 2013, the Defendant borrowed money to F and G by borrowing money from the victim, and the victim was subject to a provisional attachment of an amount equivalent to 6.5 million won on the land to be offered as security (H in Gyeong-gun, Gyeong-gun). If the Defendant borrowed KRW 6.5 million, he/she would have received a loan as security and repaid the said land immediately by August 1, 2013.”

However, since the defendant was not the owner of the above land and could not receive a loan as a security, he did not have the intent or ability to complete payment even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 6.5 million won in cash from a national bank located in Kimhae-si, 1144-2 at around 11:00 on July 31, 2013 from the victim.

Summary of Evidence

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes on personal financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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