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(영문) 창원지방법원 거창지원 2018.01.24 2017고단291
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2014, the Defendant stated to the effect that “The Defendant would repay the victim C after the lapse of three months if he/she lent 20 million won to the victim C,” on the front day of 109 new apartment houses located in Isncheon-si, Leecheon-si.

However, even though the defendant was operating main points, the apartment house, which is the only property owned by him, did not have any special property, such as a public sale disposition, because it was seized, and there was no special property. The delinquent taxes such as national taxes and local taxes were in excess of KRW 90 million, and the personal debt was in excess of KRW 180 million, and even if the interest that he has to pay is in excess of KRW 5 million, there was no intention or ability to repay it from the damaged person, such as the interest that he has to pay every month.

Nevertheless, on April 21, 2014, the Defendant received a transfer of KRW 20 million to a new bank account with D around April 21, 2014 from the damaged party.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 2014, the Defendant stated to the effect that “The Defendant would repay money rapidly if he/she lends money to the victim in addition to KRW 9 million due to a shortage of money,” at the place indicated in the foregoing paragraph 1 at the beginning of July 2014, 2014.

However, even though the defendant was operating main points, the apartment house, which is the only property owned by him, did not have any special property, such as a public sale disposition, because it was seized, and there was no special property. The delinquent taxes such as national taxes and local taxes were in excess of KRW 90 million, and the personal debt was in excess of KRW 180 million, and even if the interest that he has to pay is in excess of KRW 5 million, there was no intention or ability to repay it from the damaged person, such as the interest that he has to pay every month.

Nevertheless, the Defendant made such a false statement, and received from the victimized party a remittance of KRW 9 million from the said new bank account around July 8, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Part of the defendant;

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