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(영문) 창원지방법원 2015.06.17 2014고단2765
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 December 20, 2010, the Defendant stated that “The victim D, who is a window C of Changwon-si, will collect and repay the invested money from the victim at the E-construction shop where the victim D works as an employee.”

However, in fact, the Defendant was to repay the previous unpaid tools, and there was no plan to purchase the new tools, and there was no other plan to collect the investment money after December 2005, and there was no particular income, and there was no other financial institution with a debt of KRW 280 million, while the financial institution had a debt of KRW 200 million with a debt of KRW 44 million with a debt of KRW 44 million with a debt of KRW 44 million. Therefore, even if the money was received from the victim, there was no intent and ability to repay it.

The Defendant, by deceiving the victim as above, was issued KRW 13 million to the Nonghyup Bank account (F) in the name of the Defendant on the same day from the victim.

2. On April 4, 2011, the Defendant stated that “The Defendant would withdraw and repay the money invested in the payment of KRW 10,000,000 to the victim from the sales store of the said Section.”

However, the fact was that the Defendant planned to repay the existing tools, and was in excess of the obligation, and because the right to collateral security was already established on the construction section point, there was no intent or ability to repay the money even if it was received from the victim.

As above, the Defendant, by deceiving the victim, was issued KRW 5 million to the said Nonghyup Bank account under the name of the Defendant on the same day.

3. On June 27, 2011, the Defendant, at the sales store of the above Section E, made a false statement to the effect that “The Defendant shall repay the Plaintiff with the money already borrowed, if he/she lends the money. If he/she is difficult to recover the money, he/she shall sell the tools and tools and shall repay the money.” The Defendant’s false statement to the effect that he/she shall be from the victim to the said Nonghyup Bank account.

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