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(영문) 창원지방법원 통영지원 2018.10.31 2018고단798
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 31, 2009, at the Defendant’s house located in B at the time of the loan, the Defendant made a false statement to the victim C, who had been employed by the Defendant as a child care assistant for about eight years, stating, “The Defendant borrowed money to D, etc. and received monthly interest, and the payment is not yet due, and the amount is bound due to not yet due.” The Defendant made a false statement to the effect that “The Defendant will make repayment with interest of 1% per month of the interest that was paid at the time of the loan.”

In fact, D does not exist, and the defendant did not hold bonds or receive interest, and there was no income remaining except living expenses, and the defendant did not have the intent or ability to repay the borrowed money to the victim because there was no property that the defendant could dispose of.

As above, the Defendant, as well as the Defendant, by deceiving the victim and receiving KRW 12 million in cash from the victim on August 31, 2009, from the victim on or around August 31, 2009. From the above day to December 3, 2012, the Defendant was given KRW 160,80,000,000 as a total of 20 occasions as stated in the list of crimes in annexed crimes.

2. On April 2010, the Defendant, at the Defendant’s house located in B at the time of a grace period on April 2010, enter the victim as specified in paragraph (1) into the 24-month number meter for the victim as stated in paragraph (1).

In other words, it would be possible to receive a large amount of interest on a gold in a set-off, which makes a false statement to the effect that the monthly salary of the party and the interest to be paid at the time of the party, deducts 15.80,000 won by deducting them from the interest to be paid, and put them into a mutual-aid deposit.

In fact, the Defendant’s subscription was the number of 11 months other than the 40 million won for 24 months, and even if the Defendant borrowed money from the damaged party as described in paragraph (1) in the absence of any revenue or property other than living expenses, and the Defendant was unable to obtain loans equivalent to 30 million won in around 2009, and deducts wages from the damaged party as the total amount of payment, there was no intention or ability to pay a maximum amount of money equivalent to 40 million won later.

The defendant deceivings the victim as above.

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