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(영문) 창원지방법원 2016.07.13 2016고단845
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution due to fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on December 4, 2015.

On 2011, the Defendant was in a relationship with the victim B, who met, and was in a relationship with the victim B.

1. On August 2012, the Defendant is not obliged to lend money to the victim at Songpa-dong Seoul, Songpa-gu, Seoul, and there is no money for the Defendant to lend money to the victim.

300,000 won was lent to the end of December, 199, stating that "I will pay a full-time refund, as 100,000 won occurs."

However, in fact, there was no idea to use the money received from the injured party for the purpose of living expenses or entertainment expenses, and there was no intention or ability to pay the money to the injured party.

The Defendant received 300,000 won in cash from the injured party in the name of the borrowed money.

From that time until June 28, 2013, the Defendant received a total of 31 million won from the damaged persons over a total of 18 times, as shown in the list of crimes in attached Form 1.

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

2. On October 2012, the Defendant made a false statement to the said victim that “The Defendant would pay the first place of payment to B in the first place on his own.”

However, in fact, the defendant did not have any import, and even if he received one of the middleest damage victims, such as the debtor's debt to the credit service company D, he did not have the intention or ability to pay installments.

On October 4, 2012, the Defendant received the SM5 car purchased by the injured party at the trading center of the middle and high vehicle in Bupyeong-gu, Gyeonggi-do.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A trading statement;

1. Previous convictions in judgment: Inquiry into criminal history and investigation reports (the same type of criminal record and the judgment, etc.);

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