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(영문) 창원지방법원 통영지원 2013.05.23 2012고단1031
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On November 8, 2010, the Defendant stated, “Around November 8, 2010, at the victim C’s residence in the window of Changwon-si, 113 Dong 1705, the Defendant loaned KRW 3 million to the victim a down payment of KRW 3 million out of the E deposit of KRW 30 million. Around November 8, 201, the Defendant provided a loan to the bank by anyone who would pay for the loan of KRW 40 million.”

However, the Defendant was thought to use the loan borrowed from the Defendant for other purposes, such as operating funds, and around 204, the Defendant was unable to repay the loan amount of KRW 37 million to the victim by not later than the time, and around that time, the Defendant did not have any specific property and there was no intention or ability to repay the loan even if it borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 3 million won from the victim to the Agricultural Cooperative Account in the name of the defendant on the same day as the loan money.

B. On November 20, 2010, the Defendant stated that “The Defendant shall pay the remaining amount to the victim, and the amount of the loan is late. If the remainder is not paid, then the remainder will be repaid as the loan will accrue if it is lent KRW 27 million.”

However, even if the defendant borrowed money from the victim as above, he did not have the intent or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above, received 27 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day as the loan money.

2. On October 1, 2011, the Defendant against the Victim F was in charge of fraud from E operated by the Defendant at the window G of Changwon-si, Changwon-si, to the Victim F by “the Victim F by internal pressure.”

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