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(영문) 창원지방법원 마산지원 2017.03.07 2016고단1171
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On November 2013, the Defendant made a false statement that “The Defendant would lend money to the victim within three months from the lending of money to the victim at the victim’s residence located in Hanam-gun, Hanam-gun.”

However, at the time of fact, the defendant did not have any intent or ability to repay on the agreed date, even if he borrowed money from the victim with no property or income under the name of the defendant and there was a lot of personal damage.

As above, the Defendant: (a) by deceiving the victim as above; and (b) transferred the sum of KRW 12 million from November 6, 2013 to the account in the name of the Defendant’s bank under the name of the victim; (c) KRW 5 million from December 2, 2013; and (d) KRW 26.7 million from January 9, 2014 to the account in the name of the Defendant.

B. On January 2014, the Defendant made a false statement to the effect that “If he/she lends a credit card to the victim for use, he/she would pay the amount without compensation on the settlement date.”

However, at the time of fact, the defendant did not have the intent or ability to pay the price even if he borrowed a credit card from the victim because there was no property or income under the name of the defendant and there was a lot of personal damage.

The Defendant: (a) deceiving the victim as above; (b) obtained a credit card issued under the name of the victim of business from the victim; and (c) did not pay the price of KRW 5.3 million; and (d) acquired property benefits equivalent to the same amount.

2. On March 2014, the Defendant made a false statement to the victim E, stating that “The Defendant would have to repay money to the victim within one month of lending money” at the victim E’s residence located in the Haan-gun F of Haan-gun, Haan-gun.

However, at the time of fact, the defendant did not have any intent or ability to repay on the agreed date, even if he borrowed money from the victim with no property or income under the name of the defendant and there was a lot of personal damage.

The defendant deceivings the victim as above and is therefore subject to the loan from the victim.

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