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(영문) 창원지방법원 통영지원 2018.09.21 2017고단1874
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2015, the Defendant, who acquired a successful bid money, was aware of the so-called “refiscing a refund” that he/she repaid his/her debt with money from his/her son in order to repay interest accumulated from the early police officer on December 12, 2014, with the introduction of his/her birth around December 11, 2014, he/she subscribed to the successful bid of KRW 100 million with the limit of KRW 100 million organized by the victim C, and was willing to repay his/her debt with the winning bid payment.

On March 11, 2015, the Defendant made a false statement to the effect that “The Defendant would pay KRW 71,500,000,000 per month’s total payment in good faith if he/she would be paid KRW 6,668,00,00, after deducting interest from KRW 100,000,000,” with interest to receive a successful bid at a mutual in an influent restaurant located in the ancient city at the ancient city.”

In fact, the defendant was liable to pay 300 million won at the time when he was liable to pay 10 million won each month, and was in excess of his obligation, and even if he received the successful bid due to the absence of any specific property, he did not have the intention or ability to pay the full payment.

The Defendant, as above, was delivered KRW 71,50,000 to the Agricultural Cooperative Account (D) in the name of the Defendant on March 12, 2015, under the pretext of winning the contract around March 12, 2015 by deceiving the victim.

2. On May 27, 2015, in order to pay interest on accumulated debts even though the Defendant did not have been able to pay the paid amount properly, such as the statement in paragraph 1, the Defendant subscribed to the winning bid system of KRW 100 million for the total amount additionally organized by the victim C around March 26, 2015.

On May 26, 2015, the Defendant made a false statement to the effect that “The Defendant would pay KRW 46,128,000,000 per month’s total payment in good faith if the Defendant would have paid KRW 46,128,00,00, by deducting the amount and interest paid within KRW 100,000 from the total payment,” while making interest for receiving a successful bid in a mutual non-cafeteria restaurant located at the ancient city.

In fact, the defendant shall pay an amount of money in installments, even if he/she receives a successful bid, as described in paragraph (1).

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