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(영문) 창원지방법원 진주지원 2017.09.12 2017고단377
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than one year for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal history] On November 26, 2015, the Defendant was sentenced to the suspension of the execution of six months by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (licensed driving) at the Changwon District Court on December 4, 2015, and the judgment became final and conclusive on December 4, 2015, and is currently under the suspension of the execution. On February 24, 2015, the Defendant was issued a summary order of KRW 10 million by means of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jinwon District Court's Jinwon District Court's Jinwon Branch on February 24, 2015, and was sentenced to a fine of KRW 10 million by reason of drinking, driving without a license, driving without mandatory insurance (4 times of the suspension of the execution, nine times of fines), and a total of four times (one time of the suspended execution and three times of fines).

[Criminal facts]

1. Fraud;

A. On January 2, 2009, the Defendant committing the crime against the victim C is required to repair the vehicle at the office located in Jindong-dong-dong around Jin-si on January 2, 2009.

A loan shall be made within one week from the date of lending money.

“A false representation was made.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred 1.5 million won to a criminal account in the name of the Defendant on the same day from the victim; and (c) obtained cash KRW 500,000 from the police officer during the same month; and (d) acquired 2 million won in total.

B. On January 15, 2014, the Defendant committed a crime against the victim D, at an insular place (hereinafter referred to as the “insular place”), the victim needs to bear expenses incurred in conducting a charnel project.

When a charnel project is conducted, it is intended to pay the money borrowed from the Fund within two to three months.

“A false representation was made.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above, and is the agricultural bank account in the name of the defendant on the same day from the victim.

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