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(영문) 창원지방법원 밀양지원 2015.08.13 2015고단217
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 12, 2013, at around 17:00 on April 12, 2013, the criminal defendant against the victim C made a false statement to the victim C through E at the F office operated by D located in Chungcheongnam-si, Chungcheongnam-do.

However, at the time, the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim because the Defendant had a total of KRW 275 million debt, and all monthly income was paid as interest.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and received KRW 5,876,00 from the same day to January 24, 2014, as shown in the attached Table of Crimes (1), and fraudulently acquired KRW 5,876,00 from the same day.

2. On May 16, 2013, at the F office operated by E as described in paragraph (1) around 10:00 on May 16, 2013, the Defendant made a false statement to the victim G, stating, “If the Defendant lends KRW 2 million to the victim G for one month, he/she shall pay the victim G with the three-paid interest and make a repayment after one month.”

However, at the time, the Defendant had a total of KRW 275 million debt, and the monthly income was paid as interest, and thus there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 2 million in cash from the victim as above E on the same day from the victim, and obtained KRW 44 million through a total of seven times until August 12, 2013, such as the list of crimes (2), as shown in the attached Table of Crimes (2).

3. When the Defendant borrowed 2.5 million won from the F office operated by E as of August 15, 2014 to the victim H through E, the Defendant would have paid 3 million won on August 22, 2014.

The phrase “the expression was false.”

However, at the time, the defendant's liability was approximately KRW 275 billion.

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