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(영문) 창원지방법원 2016.11.10 2016고단2511
사기
Text

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

Reasons

Punishment of the crime

1. 피해자 C에 대한 범행 피고인은 2015. 5. 28.경 창원시 진해구 D에 있는 E 법무사 사무실에서 피해자 C에게 “집을 샀는데 집이 너무 오래되어 리모델링을 해야 하는데 돈을 빌려 주면 한두달 안에 전세가 나가는 대로 바로 돈을 갚겠다.”라고 말을 하였다.

However, in fact, the Defendant had already leased the house to F and had it possible to lease it to others after remodeling, and had been able to use the money received from the victim to repay the Defendant’s existing debt, so even if he borrowed money from the victim, the Defendant did not have any intention or ability to repay it at once.

As such, the Defendant, by deceiving the victim, received 18 million won from the victim to the Cit Bank account under the name of the Defendant, and acquired it by deceiving the victim.

2. On June 16, 2015, the Defendant, who committed the crime against the victim G, told the victim G by telephone, stating that “Around June 16, 2015, the Defendant shall lend KRW 10 million to the victim G.”

However, in fact, since the defendant has a debt worth of approximately KRW 200 million and there was no particular property, the defendant's monthly income alone was unable to pay the interest on the obligation normally, so even if he borrowed money from the victim, he did not have the intention or ability to pay it in full.

As such, the Defendant, by deceiving the victim, received 10 million won from the victim to the Cit Bank account under the name of the Defendant, and acquired it by deceiving the victim.

3. On June 24, 2015, the Defendant stated that “A victim H and I, who is the married couple, was the victim H and I, at the Defendant’s home located in J 101 Dong 104, J. 104, J. 105, Changwon-si, Changwon-si, J. 101.”

However, in fact, the defendant did not think that he would use the money received from the victims for the above apartment sales expenses, and used the money to repay the defendant's existing debts.

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