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(영문) 창원지방법원 통영지원 2012.09.04 2011고단883
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, while running a construction business around 2001, did not own any property in bad credit standing after the Defendant was insolvent, did not pay up to now debts of 18 million won that occurred at the time of the default. On February 2010, the Defendant was not only liable for interest of 60,000 won per month for the loan of 7,000 won to prepare the agreement amount of traffic accident caused by drinking driving, but also did not have any intent or ability to repay the loan even if he borrowed money such as there was no certain income after the traffic accident.

Nevertheless, the Defendant:

A. On February 10, 2010, at the Seocho-gun, Gyeongsung-gun, Sccarf, the victim D, “If the purchase of real estate located in Gyeongsung-gun, Kim Sung-gun, but the balance of which is less than five million won, would be immediately repaid after disposing of the said real estate,” the victim acquired 4.9 million won, including KRW 3.9 million around the 10th day of the same month, and KRW 1 million around the 19th day of the same month, from the victim and acquired 4.9 million won, including KRW 1 million, from the victim to the account in the name of F.

B. On February 2010, the Defendant’s house 601, Gyeongsung-gun G building 601, which used a false statement to the effect that “If the Defendant borrowed 10 million won as the money is insufficient to reach an agreement on the delivery of a traffic accident while driving a motor vehicle while driving a motor vehicle, he/she shall immediately repay it after the accident is handled,” and that it shall receive from the victim the sum of KRW 10 million including KRW 5 million on March 3, 2010, and KRW 5 million on March 9, 2010 from the victim to the Defendant’s mother F account.

C. From the Defendant’s office around July 16, 2010 to the effect that “A person shall repay to H 10 million won as soon as possible if he/she lends to the victim the remainder of the real estate sold to H,” and that he/she shall receive KRW 10 million from the victim on the same day, and in which case he/she shall receive KRW 10 million from the victim, he/she shall repay to the victim KRW 3 million, and in which case he/she shall obtain KRW 7 million from the victim in a manner that he/she fails to repay the remainder of KRW 7 million;

D. On August 6, 2010, at the Defendant’s office above the Defendant’s house, “on the basis of the need for living costs, two million won is leased to the Defendant, whichever is earlier.”

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