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(영문) 창원지방법원 진주지원 2018.11.06 2018고단493
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

1. Fraud;

A. On July 28, 2017, the Defendant against the victim B paid 24 million won out of the sales price of 35 million won to the victim B at the “D Association sales office” of the fourth floor of the building of the Busan Seo-gu C, Busan, for the purpose of concluding a D sales contract, but there is a lack of KRW 10 million among them.

In the case of lending KRW 10 million, a false statement was made that the payment of KRW 13.5 million, including interest, was made within one month.

However, since the defendant did not have been sold in lots, even if he borrowed money from the victim B, he did not have the intent and ability to pay it as the sale price.

Nevertheless, the defendant deceivings the victim B as above, and he was transferred five million won to the Saemaul Treasury Account (Account Number E) in the name of the defendant on the same day from the victim B, and six million won to the above account on the following day.

B. On August 16, 2017, the criminal defendant against the victim F made a false statement to the victim F at the above location to the effect that “The victim F paid an administrative fine of KRW 4 million due to installation of a banner without permission, and thus, he/she would transfer the amount of KRW 500,000 (F’s contribution).”

However, the defendant did not have paid a fine for negligence due to unauthorized installation of banner, and even if he received money from the victim of the future loss, he did not have the intent to pay the money as a fine for negligence.

Nevertheless, on August 25, 2017, the Defendant deceiving the Victim F and transferred KRW 500,000 from the Victim F to the Saemaul Bank Account (Account Number E) in the name of the Defendant on August 25, 2017.

2. The embezzlement: (a) on September 3, 2017, the Defendant arbitrarily transferred KRW 60,000 to the Saemaul Bank Account (Account Number E) in the name of the Defendant to the Saemaul Bank Account in the name of the Defendant on September 3, 2017; and (b) wrongfully consumed and embezzled for personal purposes, such as living expenses; and (c) on September 5, 2017, the Defendant kept the amount of money owned by the victim from around that time to September 5, 2017.

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