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(영문) 창원지방법원 통영지원 2020.02.04 2017고단1569
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Godan1569" is a person who operates a four-day shop in the name of "C" in macro-si B, and the victim D is a person who found to be a guest in the four-day shop and was aware that he/she knew to the defendant.

On May 6, 2016, the Defendant stated that “The Defendant would repay the money without mold if he borrowed KRW 1,90,000,000 to her to her her friend to her her friend to lend the money to her her friend to her her friend, while she is in need of money.”

However, from 2014 to 2014, the Defendant was in bad credit standing, and was liable for a debt of approximately KRW 13 million to a financial institution. Since the Plaintiff only received a certain amount of monthly expenditure through the four-day shop operated at that time and did not make any specific profit, the Defendant was thought to have had no intent or ability to repay the amount normally even if he borrowed money from the victim.

Ultimately, on May 6, 2016, the Defendant, by deceiving the victim as above, received KRW 1.9 million from the victim to the F account (Account Number: G) managed by the Defendant’s wife E (Account Number) and acquired it by defraudation.

Around July 13, 2016, the Defendant, around July 13, 2016, made a false statement to the effect that “If the Defendant lends KRW 7 million to the victim, he/she will repay it later.”

However, even if the defendant borrowed money from the victim as described in the above paragraph (1), he did not have an intention or ability to repay it normally.

After all, the Defendant, as above, by deceiving the victim as above, received 7 million won from the victim to the F account of the above E on the same day, and acquired it by fraud.

Around July 15, 2016 and August 31, 2016, the Defendant committed the crime, on or around July 15, 2016, saying, around July 15, 2016, the Defendant stated that “the Defendant would make payment within two weeks if he/she lent the purchase fund for radar machinery.”

However, the defendant is identical to the above one.

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