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(영문) 창원지방법원 마산지원 2013.11.27 2013고단749
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 10:00 on January 21, 2013, the Defendant: (a) called a phone call to the victim B, and (b) stated, “If the Defendant fails to settle the loan at this moment, it shall go to the police station. It is not good credit; (b) university students are entitled to receive a loan at a low interest rate; (c) if the Defendant borrowed money with a loan, only the interest for 3-4 months shall be paid; and (d) on May 31, 2013, the Defendant borrowed the principal and interest on the house with a deposit for lease on a deposit basis.”

However, the defendant did not have any security deposit that can be refunded, and there was no intention or ability to repay the borrowed money to the victim.

Nevertheless, as above, the Defendant was transferred KRW 9.4 million in total to the Defendant’s corporate bank bank account on the same day with the Defendant’s corporate bank account on January 22, 2013, and KRW 19.4 million on March 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. The reasons for sentencing under Article 347(1) of the Criminal Act of the pertinent Article on criminal facts are against the Defendant, although the Defendant is in conflict with the other, the Defendant has not satisfied the obligation to pay damages, and other circumstances constituting the sentencing conditions indicated in the records of this case shall be determined as ordered by taking into account the following circumstances.

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