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(영문) 창원지방법원 2020.05.08 2020고단599
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2014, the Defendant, who committed the crime against the victim B, made a false statement to the victim B, who was aware of that he had a telephone, to the effect that “I will pay the expenses of directors without any molding money, if I want to lend money.”

However, in fact, the Defendant did not have any fixed occupation or income at the time, and did not have any other property, received loans from credit card companies or loan companies and used them for the cost of living. Since financial institutions, such as card companies, are liable to pay KRW 0,000 won, there was no intention or ability to pay them even if they borrowed money from the victim.

Around September 20, 2014, the Defendant received KRW 2,378,00 from the victim to the account in the name of the Defendant, and received property worth KRW 3,818,000,000 from the victim by deceiving the victim by being transferred to the account in the name of the Defendant, as well as KRW 4.9 million on January 24, 2015, KRW 110,000 on March 3, 2015, KRW 140,000 on October 27, 2015, and KRW 7 million on December 29, 2015.

2. Around April 25, 2019, the Defendant committed the crime against the victim C made a false statement to the victim that “A before the singing room operated by the victim C, who was in the Kim Yong-si Kim Jong-si, “The card value and the time limit for the payment of the medical device purchased by the pins, are lacking. When lending money, the Defendant would pay the medical device within three months with no money.”

However, the Defendant did not have any fixed occupation or income at the time, and did not have any other property, received loans from credit card companies or loan companies, and used them for the cost of living. Since financial institutions, such as card companies, were liable to pay KRW 0,000 won, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the full amount, and even if the procedures were to be followed by filing a petition for bankruptcy with the Changwon District Court around March 2019, the Defendant did not talk with the victim.

The defendant is against the victim on April 26, 2019.

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