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(영문) 창원지방법원 2015.05.21 2014고단1320
사기
Text

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

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

Reasons

Punishment of the crime

1. Around 15:00 on March 13, 2012, the fraud due to the transfer of money, the Defendant made a false statement to the victim C at the E-cafeteria operated by the Defendant with the second floor of Seongbuk-gu, Changwon-si, Changwon-si, stating that “When the due date is the maturity, it is at the end of this year, it would incur a big loss on the interest at the present cancellation. If N. N. L. lends money by the due date of installment savings, the installment savings is off at the end of the year and lending KRW 400,000,000,000,000 from the money to the width, N. N. L.’s loan out of this money.”

However, there was no fact that the Defendant had set up a large amount of installment savings, and since around 13 years ago, the Defendant became a bad credit holder, and the name of the above food store operator was not in his own name, and the amount of the daily food store F was presumed to have been invested because it was not known to F of the monthly wage of KRW 34 million, and the above food store was in the same business with F, so even if the Defendant borrowed the above money from the victim, there was no intention or ability to repay it.

The Defendant received KRW 10,00,000 from the victim to the F’s account on the same day, from that time until March 24, 2013, the Defendant received KRW 56,026,840,00 from the victim, in total, 52 times as indicated in the attached Table 1 (including the provisional number) in the same way.

2. On May 5, 2012, the Defendant, due to the use of a credit card, made a false statement to the victim that “if he/she lends his/her modern credit card in four names so that he/she can use it, he/she would settle all installment savings at the end of the year.” The Defendant was issued a modern credit card in the name of the victim, i.e., at the victim’s seat.

However, the defendant did not have an intention or ability to pay the user fees even if he borrowed the credit card from the victim because of the circumstances described in the above paragraph (1).

The defendant is the victim's name as above.

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