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(영문) 창원지방법원 2015.02.12 2014고단1031
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 30, 2009, the Defendant transferred the ownership of E in his own possession in Kimhae-si because it was impossible for the Defendant to repay the debt amounting to KRW 85 million to C, which is a bond business operator, to pay off the debt amounting to KRW 85 million. In addition, even though the Defendant had the debt amounting to KRW 40 million from F, etc., it was a situation in which there was no active property.

1. In August 2009, the Defendant committed the first patrolman, the Defendant stated that “The Defendant loaned 300,000 won interest to the bond company to the bond company, and the interest payment is difficult if he/she borrowed 300,000 won to the bond company each month.” If the Defendant borrowed 300,000 won, he/she would give 60,000 won interest monthly interest and make repayment as soon as possible.”

However, in fact, the Defendant did not have any intent or ability to repay money even if he borrowed money from the victim because the Defendant had a large amount of debt and it is difficult for him to bear interest on bonds.

Nevertheless, the defendant deceivings the victim as above, and then acquired 3 million won from the victim around that time, and acquired it by fraud.

2. Around December 2, 2009, the Defendant stated that “Around December 2, 2009, the Defendant would transfer ownership of E in the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the owner of the real estate of J real estate located in J real estate I located in P

However, the facts are as follows: (a) the Defendant had a large amount of debt and difficult to pay interest on bonds; (b) even if having borrowed money from the victim, there was no intent or ability to repay it; and (c) on August 30, 2009, the Defendant had already transferred the E’s ownership to C and could not transfer it to the victim.

Nevertheless, the defendant deceivings the victim as above, and then acquired 17 million won from the victim at that time, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Notice of adjudication of bankruptcy, details of taxation of ordinary buildings, and ownership thereof;

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