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(영문) 창원지방법원 2013.06.14 2013고단840
사기
Text

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

Reasons

Punishment of the crime

[2013 Highest 840]

1. Around January 26, 2011, the Defendant made a false statement to the N Hospital located in Changwon-si M of Changwon-si, Changwon-si to the effect that “The Defendant would lend money that is urgently needed to pay interest to the victimO.”

However, the Defendant had a debt equivalent to KRW 20 million from a number of lending companies, and even if he/she borrowed money from the victim because he/she was not well-known as an insurance solicitor at the time, he/she did not have any intent or ability to repay the money.

The defendant was transferred from the victim to the account under the name of the defendant in the name of the victim, namely, from the money borrowed.

2. Around May 3, 2011, the Defendant made a false statement to the said victim at the place specified in paragraph 1, stating that “I will return to the said victim for funeral expenses, and lend five million won as I will need funeral expenses.”

However, there is no fact that the mother of the defendant dies, and even if he borrows money, he did not have the intention or ability to repay it.

The Defendant was transferred from the victim to the account under the name of the Defendant in the name of the victim, namely, from the money borrowed.

3. Around July 19, 2011, the Defendant made a false statement to the above victim that “Around July 19, 201, children need to be hospitalized in a middle patient room, and thus, the Defendant borrowed money.”

However, there is no fact that the defendant was hospitalized in the patient room, and even if he borrowed money, he did not have the intention or ability to complete the payment.

The defendant was transferred 3.7 million won from the victim to the account in the name of the defendant as the borrowed money.

In this respect, the defendant deceivings the victim and obtained a total of 23.7 million won.

[2013 Highest 1075]

1. On October 2, 2012, around 10:00, the Defendant made a false statement that “The Defendant would repay the victim P within three days if Q’s mother-friendly discharge cost is urgently required,” to the victim P at the 3-distance Livestock Cooperative of Gae-dong, Gae-dong, Gae-dong, Q. If Q borrowed KRW 4 million.”

However, there was no fact that Qher mother was hospitalized in the hospital.

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