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(영문) 창원지방법원 마산지원 2016.10.04 2016고단761
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 15, 2010, the Defendant made a false statement to the effect that “The Defendant would pay the fraternity money without drawing it on the No. 20 date if he/she pays each month in the sequence 20,000.”

However, under the circumstances that the Defendant was unable to pay the fraternitys organized by the Defendant at the time, the Defendant thought that the fraternitys received from the victim was appropriated for the previous fraternitys, and that there was a large amount of funds not paid, and there was no property or income under the name of the Defendant, and thus, there was no intention or ability to pay the fraternitys normally even if he received the fraternitys from the victim.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 1 million in cash from the victim under his/her pretext as an immediate fraternity, from that time to January 15, 2012, he/she received a total of KRW 20 million in total from that time to January 15, 2012 as shown in the List of Offenses (1).

2. Around December 15, 2011, the Defendant made a false statement to the effect that “If the monthly payment is made on the sequence 20,000,000,000 won for each month in which the domestic world is situated, the Defendant would pay the monthly payment on the rupture date.”

However, under the circumstances that the Defendant was unable to pay the fraternitys organized by the Defendant at the time, the Defendant thought that the fraternitys received from the victim was appropriated for the previous fraternitys, and that there was a large amount of funds not paid, and there was no property or income under the name of the Defendant, so even if receiving the fraternitys from the victim, the Defendant would normally pay the fraternitys.

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