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(영문) 창원지방법원 통영지원 2019.09.25 2019고단444
사기
Text

A defendant shall be punished by imprisonment for 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

[Criminal Power] On September 11, 2018, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court, and the judgment became final and conclusive on February 8, 2019.

【Criminal Facts】

around August 2012, the Defendant stated that “If the Defendant borrowed KRW 10,000,000,000,000 is urgently needed to pay money to the victim at the D office operated by the victim C in Tong-si, Dong-si, Dong-si, 2012, the Defendant purchased and sold real estate in E-si F, her husband, within several days, to pay the said money.”

However, in fact, the Defendant was in de facto marital relationship with the above E, and did not have the right to use the E’s real estate, and was in a state of debt worth approximately KRW 100 million due to gambling commenced from the year 2012 without any particular property. As such, even if the Defendant borrowed money from the victim as gambling money, he did not have the intent or ability to repay it even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim at the above office on the same day, and subsequently received KRW 8 million prior to the automatic withdrawal of H Bank cash in the vicinity of Tong Young-si.

around September 2010, the Defendant made a false statement to the effect that “J” the Defendant would allow the Victim K to make payments at an early time when he/she lends money to the victim K.

However, on August 2010, the Defendant suffered a large amount of damage by unfairly running multiple types of construction work, and around that time, the Defendant had operated multiple types of singing practice. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay the money.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 18 million from around that time to around January 201, 201, in total, four times from around that time, under the pretext of borrowing money from the victim.

Summary of Evidence

"2019 Highest 444"

1. C. The witness;

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