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(영문) 창원지방법원 마산지원 2018.07.17 2018고단496
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

Criminal facts

On June 15, 2012, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for embezzlement at the Changwon District Court, and the judgment became final and conclusive on September 21, 2012.

From the mid-2010 Police Officer to September 201, the Defendant operated the Homan D of the shares in Kimhae-si, Kim Jong-si.

1. The Defendant: (a) around June 15, 201, the victim F at the coffee shop in the Masan-si E in Changwon-si, Changwon-si; (b) it is necessary to advance the completion of the construction work and pay the construction cost to the construction business operator.

The CNC processing machinery in the factory is leased KRW 50,000,000,000, including the one which provides three parts of the CNC processing machinery as security. It will be repaid after one month.

The phrase “ makes a false statement.”

However, the machinery offered as security by the defendant was not owned by himself, and even if he has already borrowed money from the damaged party due to the total amount of KRW 2.2 billion, including loans of KRW 1.2 billion, he/she had no intention or ability to repay the money within the agreed date.

As above, the Defendant: (a) by deceiving the victim; and (b) obtained directly delivery of KRW 40 million in cash from the injured party, KRW 45 million in total, excluding KRW 5 million in advance and KRW 5 million on the same day; and (c) acquired 45 million in cash from the injured party.

2. On June 29, 201, the Defendant loaned KRW 33,00,00,000 to the victim, including the interest on the construction cost and the operating expenses of the company, at a place where it is not known that it was around June 29, 201.

The phrase “ makes a false statement.”

However, even if the Defendant had a total of KRW 2.2 billion debt, such as KRW 1.2 billion loan, and borrowed money from the damaged party, the Defendant had no intention or ability to repay the money within the agreed date.

The defendant deceivings the victim as above and acquired money from the victim to the corporate bank account in the name of D Co., Ltd. on the same day except 30 million won as the prior interest from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;

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