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(영문) 창원지방법원 통영지원 2017.10.25 2017고단426
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 1, 2011, the Defendant: (a) on December 1, 201, the victim C Officetel 404 of Gyeongnam-si, Gyeongnam-si on December 1, 201, “one percent of the number of days, 5 parts, and the remainder 5 parts, with the victim D.

There is a place where the number of days of massage practice is set.

A false statement was made to the effect that, since the number of days ends, five million won is to be repaid after the end of two months.

However, the Defendant did not have any experience in doing the bond business with a specially set number of days, and did not have a concrete plan that enables the Defendant to gain profits at the 10th of each month by setting the number of days, and the Defendant did not have any special property, and the monthly expenditure was in excess of the revenue amount at the time of each month and did not have any special property, and even if he borrowed money from the injured party, there was no intention or ability to pay it even if he did not have any special property.

After all, the Defendant, as above, by deceiving the victim as above, received five million won from the victim to receive the delivery on the same day.

2. On December 21, 2011, the defrauded Defendant is required to set up a deposit money at the victim’s location as stated in the foregoing paragraph 1 on December 21, 2011, where “E sets the F points.”

The purpose of lending KRW 15 million to the effect that the interest shall be paid in five installments, and the principal shall be paid in return for the amount of G numbering money.

However, the Defendant had no special property at the time, and the monthly expenditure exceeded the revenue, and there was no other way to repay the Defendant’s debt to the victim other than the method of repaying through the fraternity. On October 201, the Defendant was in fact an intention or ability to repay the debt even if he/she borrowed money from the victim, since he/she did not pay the fraternity that reaches 2,500,000 won per month, G, the guidance owner, because he/she was unable to receive the fraternity normally on the date of the fraternity because he/she paid the Defendant’s fraternity by substitute payment.

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