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(영문) 창원지방법원 통영지원 2016.03.31 2015고단455
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 18, 2013, the Defendant sent a phone to the victim E from the D restaurant located in Tong Young-si C on December 18, 2013, and “it is urgently needed to pay money with school expenses.”

It is expected to repay the loan to the bank as the loan proceeds because the bank applied for the sunlight loan.

“The phrase “ was false.”

However, the Defendant was unable to obtain the sunlight loan from the bank due to the lack of terms of the loan, and even if he borrowed money from the damaged party due to the absence of any property at the time, he did not have any intent or ability to complete the loan.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day and acquired it by deceiving the victim.

2. On April 18, 2014, the Defendant, while making the said phone call with the said victim at the above restaurant around April 18, 2014, did not have yet to reach the Defendant’s loan for the sunlight.

To obtain a loan, additional KRW 10 million should be added.

If the loan is additionally lent KRW 10 million, the loan shall be received and the loan shall be returned.

“The phrase “ was false.”

However, the Defendant was unable to obtain the sunlight loan from the bank due to the lack of terms of the loan, and even if he borrowed money from the damaged party due to the absence of any property at the time, he did not have any intent or ability to complete the loan.

The Defendant, as such, by deceiving the victim, received the remittance of KRW 10 million from the victim to the above account on the same day.

3. On August 9, 2014, the Defendant, at the above restaurant around August 9, 2014, calls from the above victim and requires money to be collected from the said victim to be independent of the house.

However, since there is no money at present, once the money is lent, it will be paid with money later in the last day.

“The phrase “ was false.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the damaged party due to no property at the time.

The defendant deceivings the victim as such.

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