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(영문) 창원지방법원 마산지원 2017.01.24 2016고단1178
사기
Text

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

Reasons

Punishment of the crime

Around November 20, 2011, the Defendant made a false statement to the effect that “Around November 20, 2011, the Defendant would pay an amount of money to the victim’s D operations in Changwon-si, Changwon-si, Changwon-si, Mapo-si, by the sequence 1,000,000 won for each month during which he/she is in the Republic of Korea,” to the effect that “When he/she pays an amount of money for each month, he/she will pay the amount of money without the title on the date.”

However, under the circumstances that the Defendant was unable to pay the limit of the previous fraternitys, the Defendant was thought to be appropriated for the limit of the previous fraternitys that he received from the injured party, and there was a large amount of personal damages and other circumstances where he did not have any property or income under the name of the Defendant, and thus, there was no intention or ability to pay the limit normally even if he received the amount from the injured party.

The defendant deceivings the victim as above and used 2,50,000 won under the name of the immediate guidance from the victim.

In addition to the remittance received in the name of F, from June 19, 2012 to June 19, 2012, the total amount of KRW 29 million was transferred over 19 times in total, as shown in the List of Offenses 1.

"2016 Highest 1409"

1. On January 25, 2010, the Defendant made a false statement to the victim H management I of the Victim H located in Changwon-si, Changwon-si, Changwon-si, that “If he makes a payment for each month in the sequence 18,19,20,000,00 won per month in which the inside of the country is situated, the Defendant would pay the fraternity without drawing it on the date of the sequence 18,19,20.”

However, under the circumstances that the Defendant was unable to properly pay the limits of the limits organized by the Defendant prior to the time, it was thought that the limits that he received from the injured party were appropriated for the limits of the limits that he did not pay, and that there was a large amount of unpaid credits and personal debt, and there was no property or income under the name of the Defendant, so even if he received from the injured party, the Defendant would normally pay the limits.

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