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(영문) 창원지방법원 2014.02.12 2013고단686
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 16, 2012, the Defendant made a false statement to the victim “D” restaurant operated by the victim C in Seongbuk-gu, Changwon-si, Changwon-si, stating, “If the victim tolds that he/she will pay 500,000 won, he/she will pay 500,000 won in his/her own name, and the principal will be used only for three months and repaid immediately.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to use it for the number of days or to repay it later.

Nevertheless, the Defendant received 5 million won from the victim to the Busan Bank Account (F) in the name of E immediately.

2. Around September 11, 2012, the Defendant made a false statement to the victim, stating, “I will lend KRW 1 million to the victim, who will immediately repay it.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the defendant was immediately transferred from the victim the amount of KRW 1 million to the Busan Bank Account (F) in the name of E.

3. On September 25, 2012, the Defendant made a false statement at the above place stating that “I will immediately repay to the Defendant, including KRW 1 million, that I lent to the Defendant any more KRW 2 million prior to the loan.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant received 2 million won from the victim to the new bank account (H) in the G name immediately.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. The relevant Article of the Act and the choice of punishment concerning facts constituting an offense subject to the application of Acts and subordinate statutes of remittance: It shall be decided as per the disposition on the grounds of not less than Article 347 (1) of the Criminal Act;

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