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(영문) 창원지방법원 통영지원 2020.07.28 2017고단1854
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 14, 2017, the Defendant made a false statement to the victim D (33 years of age) within C in macro-si B, stating, “I will pay 1 million won on the monthly benefit day if I lend 2 million won to the victim D (33 years of age) with no cost of living, such as overdue payment of card.”

However, the Defendant did not have any intent or ability to repay the debt normally even if he borrowed money from the victim because it is difficult for the Defendant to pay the debt of 14 million won with credit card at the time and 3.5 million won with debt of the lending company.

The Defendant, from March 7, 2017, by deceiving the victim five times in total, at the same place as follows, from the time to March 7, 2017, received KRW 16,200,000 from the victim, in total, from the victim, to a corporate bank account (E) in the name of the Defendant on the same day.

On January 14, 2017, there is no living expenses, such as the date and time, fraudulent fraud of the place, and the overdue charge on the card.

If a loan is made in two million won, it shall be paid in one million won on the payment day of each month.

2,00,000 won 2.26 January 26, 2017, the company should not pay bonuses in good faith.

If family members lend money in return for a failure to reach an annual alliance, they will pay 1 million won per month.

1,00,000 won 3 February 8, 2017 requires living expenses.

If a person lends money, he/she will receive the benefit.

20,000 won 4 March 4, 2017 requires living expenses.

If a person lends money, he/she will receive the benefit.

The apartment house living in March 7, 2017 is under auction process.

If a bank is unable to repay the debt, the apartment shall exceed the auction proceeds.

If a loan is made in excess of KRW 10,500,000,000 shall be paid in 2,000 on the monthly salary day.

12,50,000 Summary of the evidence

1. Defendant's legal statement;

1. Statement;

1. Details of transfer and statement of transactions by account;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for reference);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (amended by Act No. 1020, Jan. 1, 2001) are applicable to sentencing.

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