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(영문) 창원지방법원 2016.04.27 2015고단3233
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 17, 2014, the Defendant called the victim C at the Defendant’s house located in Kimhae-si, 309 Dong 401-dong 301, and called the victim C, “The present two childcare centers are operated, one more operation is planned, and the money is lent, it shall be used in the operation of the childcare center and the interest shall be repaid within six months with 10% interest added thereto.

The phrase “ makes a false statement.”

However, the defendant did not operate a child-care center at the time, and has already been liable for the debt of several million won from relatives, relatives, etc., and there was no intention or ability to repay the borrowed money even if he borrowed money from the injured party.

Nevertheless, the Defendant received KRW 10,00,000 from the injured party’s agricultural bank account around January 17, 2014, from the Defendant and received KRW 29,95,000 in total five times from that time by the same method from January 20, 2014, including where the Defendant received KRW 10,000 from the injured party’s agricultural bank account.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 19, 2014, the Defendant demanded the victim C to pay the borrowed money from the “D Child Care Center” (hereinafter “D Child Care Center”) around Kimhae-si, Kim Jong-si, 311, 106, to the Defendant, and the victim “at present two child care centers are operated, and one more operation is more operation.”

When lending money, 10% interest shall be paid with the principal after using it for the operation of the childcare center.

There are many money in the corporate account.

The phrase “ makes a false statement.”

However, the defendant did not operate a child-care center at the time, and has already been liable for the debt of several million won from relatives, relatives, etc., so even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Nevertheless, the Defendant received KRW 10,00,000 from the injured party’s agricultural bank account around December 19, 2014 from the injured party, and from that time until May 4, 2015, attached in the same manner.

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