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(영문) 창원지방법원 진주지원 2018.01.23 2017고단583
사기등
Text

1. Defendant A shall be punished by imprisonment for three years.

2. Defendants B, D, and E shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

“2017 Highest 583 Defendant A”

1. The criminal defendant against the victim L, on June 10, 2016, lends the victim L, who is a branch of around June 10, 2016, with a “one million won to be used as cost of living,” until the end of the month.

“The purport was to the effect that “.....”

However, in fact, the Defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim without any special property or source of revenue because he thought to use the money for living expenses or for entertainment expenses.

Defendant deceiving the victim as above and received cash 1 million won from the victim on the same day as the loan money from the victim. From around that time to March 28, 2017, Defendant acquired 23,500,000 won in total on 21 occasions, such as the list of crimes in attached Table 1, from around that time.

2. On October 20, 2016, the criminal defendant against the victim M needs to be the victim M, who is a police officer around October 20, 2016.

The loan of KRW 7 million in four names to purchase a middle class vehicle with a loan of KRW 7 million and to change two mobile phones necessary for the operation of an entertainment store. The loan of KRW 7 million shall be calculated as KRW 1.5 million and the total amount of KRW 8.5 million shall be paid by the end of March 2017.

“The purport was to the effect that “.....”

However, the Defendant did not have the intent or ability to operate entertainment centers because of the absence of business funds. The Defendant sold two mobile phone units, which opened to the remaining money after purchasing heavy vehicles from the loan, to use them as living expenses. Since there was no special property or no hospitalization, the Defendant did not have the intent or ability to repay the borrowed money even if it borrowed money from the injured party.

On October 26, 2016, the Defendant: (a) informed the victim of such deception; (b) provided two cell phoness equivalent to KRW 1.9 million in each market price opened in the name of the victim and KRW 600,000,000,000, excluding KRW 5.1 million for the purchase of used vehicles from around 7,000,000 to around 7,000,000; and (c

3...

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