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(영문) 창원지방법원 진주지원 2016.04.20 2015고단1339
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 1339] The defendant and the victim C are friendly.

On March 27, 2015, the Defendant would be free from lending money to the victim in accordance with Article 501 of Sacheon-si D lending 501.

The phrase “ makes a false statement.”

However, the defendant did not have any intent or ability to pay money to the victim as agreed even if he/she borrowed money from the victim because he/she did not have any economic condition to the extent that it is difficult to pay interest on the obligation due to the occurrence of about 15 million won in the sports debate.

Ultimately, the Defendant, as such, by deceiving the victim, received 2.78 million won from the victim to the account under the name of the Defendant, and acquired it by fraud, and received 21,760,000 won in total through the same account or by receiving cash delivery through 15 times as shown in the list of crimes in the attached Table.

[2016 Highest 17] The Defendant is required to pay money to the victim G who is a middle school ward in the FPC located in Sacheon-si E on April 13, 2015.

It is intended to lend money to three months from the date of lending.

The phrase “ makes a false statement.”

However, the defendant did not have any intent or ability to repay money even if he/she borrowed money from the injured party because he/she did not have any economic condition to the extent that it would be difficult to bear interest due to approximately KRW 36 million of debt at the time.

Ultimately, the Defendant: (a) by deceiving the victim; (b) received KRW 6,980,00 from the victim on April 16, 2015; (c) received KRW 5,000 from the corporate bank account under the name of the Defendant on May 4, 2015; (d) received KRW 4,00,000 from the same account on May 6, 2015; and (e) received KRW 9,650,000 from the same account on June 10, 2015, and acquired KRW 2,5630,00 in total on four occasions.

Summary of Evidence

[2015 Highest 1339]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details, etc. of separate transactions by account (2016 high group 17);

1. The defendant's person;

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