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(영문) 전주지방법원 남원지원 2012.10.23 2012고단347
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 2005, the Defendant made a false statement to the effect that “In order to conduct feed business, the Defendant shall deposit security deposits with the head office of the feed plant, and if the Defendant borrowed KRW 50 million, he/she will repay within one year.”

However, even if the defendant borrowed the above money, the defendant did not think that he would pay his personal bonds, but did not think that he would use the above money as a feed plant deposit, and there was no intention or ability to pay the above money.

Around October 18 of the same year, the Defendant, by deceiving the victim as above, obtained KRW 50 million from the agricultural bank account in the name of the Defendant from the victim and acquired it by defrauded.

2. On September 2006, the Defendant made a false statement to the effect that “A guarantee deposit to pay for an additional security to the head office of feed factories is needed, and if a person lends KRW 20 million to the head office of feed factories, it would be resolved as soon as possible.”

However, even if the defendant borrowed the above money, the defendant did not think that he would pay his personal bonds, but did not think that he would use the above money as a feed plant deposit, and there was no intention or ability to pay the above money.

As above, the defendant deceivings the victim, and is also against the victim.

9. At around 13. Around 13.m., he received cash of KRW 20 million and acquired it by fraud.

3. Around July 2007, the Defendant made a false statement to the effect that “A passenger car to be left to a bond company is required to be returned to the bond company” by phoneing to the victim at an infinite place in the front north north region, and that “A passenger will be repaid to the bond company as soon as he/she borrowed up to five million won prior to borrowing.”

However, even if the Defendant borrowed the above money, the Defendant did not have the intent or ability to repay the above money and KRW 70 million borrowed from the victim.

The defendant deceivings the victim as above and is deceiving him.

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