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(영문) 대전지방법원 홍성지원 2018.08.21 2018고단311
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2016, the Defendant made a false statement that “The Defendant lent KRW 10 million to the victim” at the victim D’s house located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant borrowed KRW 10 million to the victim in October, 2016, stating that “The Defendant would return the time limit money.”

However, the defendant did not have any particular income at the time, and he did not have subscribed to the fraternity, and he did not have any intention or ability to pay the money even if he borrowed the money from the damaged party because he was in the situation of lending money to another person after being urged to pay the money from other creditors.

Nevertheless, on July 15, 2016, the Defendant by deceiving the victim and transferred KRW 10 million to the Agricultural Cooperative E account in the name of the Defendant around July 15, 2016.

2. On August 10, 2016, the Defendant, at the home of the above victim, performed the work at the victim’s house, “The Defendant is working in the company, but did not receive monthly pay for several months.

The term “one million won is loaned.” The term “one million won is the same as the previous loan is paid in one lump sum.”

However, in fact, the defendant had no intention or ability to repay even if he borrowed money from the injured party because he had borrowed money from another creditor due to the circumstance that the defendant had repaid his debt in common to prevent the above return.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 5 million transfer from the victim to the said Nonghyup E account.

3. Around August 24, 2016, the Defendant made a false statement to the victim’s home, stating, “The Defendant was unable to pay the victim a monthly payment of KRW 3 million in one month, without being paid the monthly payment. In short, the amount of money would vary by KRW 3 million, which would be repaid.”

However, the defendant does not return the above facts.

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