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(영문) 창원지방법원 통영지원 2017.01.26 2016고단786
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 16, 2015, the fraud Defendant: (a) around 20:00 on February 15, 2015, at the D restaurant run by the Defendant at Gyeongnam-si, Gyeongnam-si, the victim E requires KRW 30 million.

After a two-month period, only 20 million won is to be repaid at that time.

First of all, a false statement was made to the effect that “a loan is made to KRW 10 million.”

However, the limit to which the defendant was admitted is the lowest amount among the members of the fraternity.

to pay the highest interest.

In the so-called auction method where a member of the fraternity paid the time did not guarantee that the defendant would receive the time deposit after two months, and the defendant was liable for the amount of approximately KRW 93 million, such as card payments, financial right loans, personal loan loans, etc. at the time, and the income through the above restaurant operation, which was the only hospitalization, was covered by all the interest on living expenses, loans, and loans. Thus, even if the victim borrowed the above money, there was no intention or ability to pay the money.

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained the amount of KRW 10 million from the victim as the borrowed money on February 16, 2015 from the victim, through a new bank account (Account Number:F) in the name of the Defendant.

2. On February 26, 2015, the Defendant: (a) around 14:00 on February 26, 2015, the Defendant requires KRW 5 million per head because he/she did not pay the victim E money for any money entering the D restaurant listed in the foregoing paragraph 1.

This case stated to the effect that it shall be repaid by affixing 60,000 won per day separately for 100 days.

However, the Defendant was liable to pay approximately KRW 93 million, such as card payments, financial right loans, personal loan loans, etc., and the income through the operation of the above restaurant, which was the only hospitalization, was appropriated for all the interest on living expenses, loans, and loans, and thus, the said money from the injured party.

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