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(영문) 창원지방법원 2016.10.14 2016고단1783
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around June 30, 2015, the Defendant stated, by telephone at a certain place, that “The Defendant would purchase a large amount of reduction of capital and pay it to the victim C every month in return for a good price if it lends KRW 50 million to the victim.”

However, in fact, the Defendant had already purchased and sold 40 million won from D, but failed to repay 40 million won, so he did not have any intent or ability to pay the amount to D with the money borrowed from the victim, and there was no intention or ability to pay the amount to D.

As above, the Defendant, by deceiving the victim and deceiving the victim, received 50 million won from the victim.

2. On July 24, 2015, the Defendant told the victim by telephone that “A person need to pay money for personal debt. If a person lends only KRW 3 million, he/she will pay all the money in the future.”

However, in fact, the Defendant did not have any intention or ability to complete payment even if he/she borrowed additional money from the victim in consideration of many damages such as strawage, etc. in the storage warehouse around June 2015, when he/she was personally liable for a large amount of debt.

As above, the Defendant, by deceiving the victim, received 3 million won from the victim and acquired it by deceiving the victim.

3. On July 31, 2015, the Defendant told the victim by telephone at a certain place that “There is no operating expenses to be performed urgently by hospitalized in the hospital by the president of the trader’s mother. In this case, it would be helpful for future transactions as well as to be done well.”

However, in fact, the Defendant did not have any intention or ability to complete payment even if he/she borrowed additional money from the victim in consideration of many damages such as strawage, etc. in the storage warehouse around June 2015, when he/she was personally liable for a large amount of debt.

As above, the defendant deceivings the victim to transfer five million won from the victim.

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