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(영문) 창원지방법원 통영지원 2015.11.27 2015고단617
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

1. The Defendant, at the end of April, 2013, displayed a multiple operational account book with the victim D, a high school, a creative student, in the CDang-si, Dong Young-si, and said, “When operating a multiple bank, he/she will make a reimbursement by operating a multiple bank if he/she lends at least a minimum of KRW 10 million per month, and the cost of operating a multiple bank.”

However, in fact, the Defendant was unable to repay the debt amounting to KRW 20 million at the time, and there was no active property or fixed profit, and there was no possibility of expectation of profit amounting to KRW 10 million per month due to the operation of multiples (after that, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim.)

The Defendant, by deceiving the victim as above, obtained 10 million won in cash from the victim and acquired it by fraud.

2. On May 2013, at the place indicated in paragraph 1 at the end of the end of the month, the Defendant stated that “the Defendant would make payment after one month from the loan of KRW 10 million to the said victim.”

However, even if the defendant was excluded from the victim's obligation, he was unable to repay the debt amounting to KRW 20 million at all, there was no active property or fixed profit, and it was not possible to make profits at all due to the operation of multiple times, and there was no intention or ability to make a repayment even if he borrowed money additionally from the victim.

The Defendant, by deceiving the victim as above, obtained 10 million won in cash from the victim and acquired it by fraud.

3. On June 2013, the Defendant: (a) at the place specified in Paragraph (1) of this Article, lent KRW 15 million to the said victim; and (b) received money from another proprietor for advance payment to the employee.

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