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(영문) 창원지방법원 2018.03.16 2017고단2533
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On June 29, 2017, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Changwon District Court for a crime of fraud, and the judgment became final and conclusive on December 21, 2017.

[2017 Highest 253]

1. On January 12, 2017, the Defendant: “C” located in Seongbuk-gu, Changwon-gu, Sungwon-si; “A” from the victim D, the Defendant would lend KRW 5 million to the victim D within three days, if he/she had any money to be received from his/her natives, and he/she borrowed KRW 5 million to B, and additionally lend KRW 5 million to B, five million.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any particular property or income at the time, and did not have a claim of five million won, so even if he borrowed money from the injured party, there was no intention or ability to repay it.

On January 13, 2017, the Defendant, by deceiving the victim as such, received 4.97 million won from the victim to the account in the name of his/her father E in the name of his/her father, from the victim.

2. On January 26, 2017, the Defendant: (a) at the mutual infinite coffee shop located in Seongdong-gu, Seongdong-gu, Sungwon-si; (b) on January 26, 2017, the Defendant granted the said victim a written statement of the payment of the husband’s money to her relatives.

If the balance of the head of the Tong is uncertain, the husband shall collect the money so that he/she is doubtful.

The husband extended the amount of KRW 20 million to her husband. The husband extended the amount of KRW 100 million to her her husband, which was prior to January 31, 2017.

It shall pay 25 million won with KRW 5 million, and shall lend additional KRW 5 million with KRW 5 million.

In addition, the lease contract of the house with the house as security will also be made.

While making a false statement, the Defendant issued to the victim a lease agreement with respect to F apartment 119 Dong 103, Changwon-si, which entered the lease deposit amount of KRW 20 million as the lessee and the lease deposit amount of KRW 20 million.

However, the defendant did not have any particular property or income at the time, while she was living separately with her husband and did not contact with her husband, so there was no fact that she would receive KRW 100 million from her husband, and the above F apartment 119 Dong 103 was 103.

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