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(영문) 창원지방법원 마산지원 2019.11.27 2019고단103
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall pay 20,235,000 won to B who made an application for compensation.

This order shall be issued.

Reasons

Punishment of the crime

Around October 2, 2017, the Defendant made a false statement to the victim C, stating that “A vehicle shall pay a full payment if it lends money to the victim due to a breakdown or repair cost.”

However, in fact, the vehicle did not have any trouble, and there was no fixed occupation, and there was no intention or ability to pay the vehicle even if it borrowed money from the victim, and there was no intention or ability to pay it, as it was thought that the vehicle had a debt equivalent to the million won at the time to repay the said debt with money.

The Defendant received a total of KRW 120,000 from the victim on the same four occasions in total on the same day, and acquired the total of KRW 4,967,00 on 99 occasions from around that time to March 26, 2018, such as the list of crimes in the attached Form.

around July 23, 2018, the Defendant made a false statement to the victim B, “I wish to lend money to the victim with no documentary evidence or document without any document, and I wish to pay the interest to the franchis that work together prior to the lending of money, but I want to withdraw and deliver the franchis card on the main face.”

However, even if the defendant received interest from the victim, he did not have the intention or ability to make the loan to the victim because he thought that he would use it as his own living cost and gambling fund.

The Defendant, as above, by deceiving the victim as above, received KRW 522,00 from the victim as the next day and received KRW 522,00 from the victim, from October 14 of the same year, and acquired KRW 20,235,100 in total over 51 times, as shown in the attached crime list, from October 14 of the same year.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement of the police against C and B;

1. Each complaint, details of transactions, and closure of F dialogues;

1. In relation to the submission of data by a complainants who have filed an investigation report;

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