(영문) 창원지방법원 통영지원 2015.12.17 2015고단330

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(영문) 창원지방법원 통영지원 2015.12.17 2015고단330

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 10, 2012, the criminal defendant against the victim C made a false statement to the victim C, stating, “If an investment is made in order to operate the main points, half of the profits will be made.”

However, in fact, the Defendant had a debt exceeding KRW 300 million at the time and had to pay approximately KRW 300-4 million to the interest of bonds only during the month when there was no particular property, so even if the Defendant received profits from the victim and operated the main points, he did not have the intent or ability to pay more than half of the profits properly to the victim.

The Defendant received 100 million won from the above victim to the account in the name of the mother of the Defendant in the name of D under the same day of investment.

The Defendant, including this, received a total of KRW 190 million from the victim to August 20, 2013 as indicated in attached Table 1, on a total of six occasions, as indicated in attached Table 1.

2. On June 28, 2013, the criminal defendant against the victim E made a false statement to the victim E, stating that “A victim E is expected to repay personal debts and operate one business entity, and the amount of the shortage of funds is increased.” The money will be repaid up to June 28, 2014.”

However, the Defendant did not have any intent or ability to pay the money properly, even if he borrowed money from the victim for the foregoing reasons.

The Defendant received 25 million won from the above victim to the account in the name of the mother of the Defendant in the name of D under the pretext of borrowing money on the same day.

The Defendant, including this, received a total of KRW 47 million from the victim to November 4, 2013 as indicated in the attached Table 2, on a total of seven occasions, as indicated in the attached Table 2.

Accordingly, the defendant deceiving victims and acquired a total of 237 million won by receiving a total of 20 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer for C and E.

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