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(영문) 창원지방법원 마산지원 2015.07.01 2015고단321
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around August 29, 2011, the Defendant made a false statement to the victim C by phone from the Defendant’s home located in Changwon-si, Changwon-si B and 201, stating that “A money is needed to carry out funeral services. If a money is lent, it shall be used only for three months and repaid without mold.”

However, at the time of fact, the defendant is a bad credit holder, and the unpaid credit card price is at least 4 million won, and there was no intention or ability to repay the above borrowed money clearly after three months of the first funeral.

As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the defendant-friendly D in the same day, and acquired the money by transfer from the victim.

2. Around October 13, 2011, the Defendant made a false statement to the victim C by telephone from the Defendant’s home as stated in paragraph 1, stating, “If a funeral service needs to be carried out, the Defendant will make a joint repayment within three months by lending money at a low time.”

However, at the time of fact, the defendant is a bad credit holder, and the unpaid credit card price is at least 4 million won, and the head of the office did not have the intent or ability to repay even if he borrowed money from the victim as above in a state of enemy.

As above, the Defendant, by deceiving the victim and deceiving him from the victim to the national bank account under the name of the Defendant E in the same day, acquired 10 million won from the victim.

3. On May 14, 2012, the Defendant, at the Defendant’s home as indicated in paragraph 1, made a false statement to the victim C by phone, stating that “When putting in KRW 10 million, the Defendant may receive KRW 20 million from the victim’s home, he/she will receive KRW 20 million without a mold. If he/she lends KRW 10 million. If he/she fails to make a reimbursement, he/she would make a false statement to the effect that he/she will deduct KRW 5 million from the house deposit which he/she lives for rent.”

However, at the time of fact, the defendant is F.

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