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(영문) 수원지방법원 2017.01.19 2016고단6819
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was in conflict with the victim D from around 2009 to February 2014.

1. On December 27, 2010, the Defendant: (a) called the victim D at a sasan-si (hereinafter “Sasan-si”); and (b) purchased a dry field to the nearest area of the sasan-si (hereinafter “Sasan-si”); (c) purchased part of the roads around the land.

If the purchase is not made additionally, it can be seen as a big loss, and there is no money now.

The loan made a false statement to the effect that it would pay a certain amount of interest and pay a large amount of interest after six months from the loan of money.

However, in fact, the Defendant did not have any particular property or income at the time, and did not have purchased any podry field. However, even though the Defendant was aware of the victim’s name as “E,” it was named, the account was also known to the victim to receive money, and the account was also known to the victim to receive money, but was also hidden to the victim, such as informing the account under the name of the Defendant, and was thought to be used for living expenses by receiving money from the victim, so there was no intention or ability to pay the money from the beginning to the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the money from the victim to the Agricultural Cooperative Account in F's name on the same day as the date of borrowing KRW 11 million from the victim.

2. On June 27, 2011, the Defendant committed a crime by phoneing the victim to the victim at an insular area that does not exceed Asan City, around Jun. 27, 2011 and requires urgent money.

The government made up of 2-3 money to the maximum extent possible, and falsely made up of 1-3 money.

However, the Defendant was unable to pay the principal of KRW 11 million as stated in Paragraph 1, and there was no intention or ability to pay the principal to the victim from the beginning as seen in Paragraph 1.

Nevertheless, the defendant deceivings the victim as above.

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