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(영문) 창원지방법원 마산지원 2018.01.23 2017고단1213
사기
Text

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

Reasons

Punishment of the crime

1. Fraud against victim C (nive, 28 years of age);

A. On January 17, 2014, the Defendant: (a) at the E hospital located in Kimhae-si, Kim Jong-si, the victim “I would be disadvantageous to the victim if I would not raise money; (b) would pay 200,000 won to the victim; and (c) would also pay 12 million won to the Plaintiff; and (d) would lend 12 million won to the Plaintiff as soon as possible until April 30.

“A false representation was made.”

However, even if the Defendant borrowed money from the damaged party, it was difficult for the Defendant to pay the Defendant’s heavy purchase cost and the existing debt repayment plan to the extent that it was impossible for the Defendant to make a living without paying money from the company or individual at the time. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to pay the money.

Ultimately, the Defendant, by deceiving the victim, received KRW 12 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

B. On February 23, 2015, the Defendant stated that “Around February 23, 2015, the Defendant borrowed money to the victim in the vehicle of the Defendant parked in the vicinity of the E hospital as indicated in the foregoing paragraph (1) that “if only the amount of KRW 3.6 million per head is provided, the Defendant may lend money to the victim.”

However, even if the Defendant borrowed money from the injured party, it was difficult for the Defendant to pay the Defendant’s living expenses and the existing debt repayment plan to the extent that it was impossible to make a living without any loan from the corporate bonds or individuals at the time. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to pay the money.

Ultimately, the Defendant, by deceiving the victim as such, received 3.6 million won from the Saemaul Treasury account under the name of the Defendant on the same day.

2. Fraud against victim F (29 years of age);

A. On September 20, 2014, the Defendant sought to purchase the victim’s shop equivalent to KRW 400 million in Busan, from the car page of the victim’s operation in Changwon-si G around 15:00 on September 20, 2014.

The down payment shall be at present.

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