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(영문) 창원지방법원 통영지원 2016.10.06 2016고단805
사기
Text

A defendant shall be punished by imprisonment for a period of five 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

[Criminal Power] On September 5, 2012, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Changwon District Court’s territorial branch on September 5, 2012, and the said judgment became final and conclusive on September 17, 2012.

【Criminal Facts】

1. On July 9, 2010, the Defendant concluded that, around the end of June 2010, the Defendant made a false statement to the victim C, who was aware of influence in the Kaf-dong (U.S.) Kaf-dong (U.S.) Sinsi-si (U.S.), “If money is short of money to purchase a good land, the Defendant would be able to pay for it up to the end of August 2010.”

However, even if the defendant borrowed the above money from the victim, the defendant was not used as land purchase fund, but was planned to pay the insurance premium for the purpose of raising the performance in an insurance company working for him, and there was no intention or ability to pay the above money to the victim because the insurance company was in excess of the debt at the time.

Nevertheless, on July 9, 2010, the Defendant acquired the money from the victim to the Japanese bank account in the name of the Defendant and acquired the money from the victim.

2. Around August 2, 2010, the defrauded was born between the victim and the former husband at a place which was not closed at the end of July 2, 2010. Around the end of July 2, 2010, the Defendant was able to obtain a house in order to help her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes

However, even if the Defendant borrowed the above money from the victim, the Defendant was planned to pay the insurance premium for the purpose of raising the performance in an insurance company where he had worked, and even if he borrowed the above money from the victim, there was no intention or ability to pay it.

Nevertheless, on August 2, 2010, the Defendant acquired 20 million won from the victim to the Japanese bank account in the name of the Defendant.

(i) the evidence;

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