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(영문) 창원지방법원 통영지원 2016.06.17 2015고단741
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 741"

1. On December 2010, the Defendant opened a restaurant business, and raised funds through capital loan. As a result, the Defendant accumulated debts, around KRW 600,000 to KRW 70,000 due to the card company, No. 2 financial rights, and the number of days, etc., and performed an urgent obligation to prevent the credit card return.

A. On July 2012, the Defendant is obliged to pay the victim C with the payment of the daily amount of money, as the Defendant used the daily amount of money and for which one year has passed.

The loan money will be repaid on October 31, 2012 when the time limit money is transferred.

“...........”

However, under the same circumstances as the above premise, the defendant had no intention or ability to repay the amount, even if he borrowed the money from the injured party, since it was not clear whether to recover the amount of money after three months.

On August 1, 2012, the Defendant deceptioned the victim as above, and acquired 110 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant.

B. On October 2012, the Defendant may waive the time limit for providing “3 million won” to a police officer at the early stage of October 2012.

The time limit money is repaid like the loan money prior to the transfer of the time limit money.

“...........”

However, under the above circumstances, the Defendant had already joined 6-7 installments of the day-to-day system under which the Plaintiff had to pay KRW 33 million with the principal and interest of KRW 300,000 on a daily basis as a day-to-day system under which the Plaintiff had already received the payment of the time-to-day system (the “day-to-day system”). Therefore, even if the Defendant borrowed the money from the injured party, there was no intent or ability to pay the money.

On December 7, 2012, the defendant deceivings the victim as above, and acquired 3 million won from the Faul Saemaul Credit Cooperative, which is located in ancient Dong-dong, from the injured party, through delivery of 3 million won.

"2016 Highest 549"

2. On May 23, 2013, the Defendant subscribed to the number system of KRW 20 million, total amount of KRW 16,000,000, and total amount of KRW 16.

The Defendant was a senior policeman on July 2013.

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