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Reasons
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(영문) 창원지방법원 거창지원 2017.06.09 2017고단57
사기
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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

The Defendant, around June 23, 2011, lent to the victim E a D restaurant located in the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Seoul around June 23, 201, that “The amount of KRW 500,00 is required to go to the her husband’s birth who died of F,” and that there is no money in payment. If the Defendant borrowed KRW 500,000,000,000,000,000 won, he would be paid with the extension money at the end of October 201.

“.” The purport was “.

However, in fact, the defendant thought that he will use the money borrowed from the injured party for the cost of living, and even if he borrowed money from the injured party due to no special revenue or property, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim and being given cash KRW 500,000 from the victim’s place, was delivered from June 23, 201 to March 31, 2012, total of KRW 11,00,000,000, as indicated in the list of crimes, as well as from June 23, 2011 to March 31, 201.

The defendant of "2017 Highest 100" is the victim "H operated by the victim G in Hocheon-gun, Chungcheongnam-gun, Y on March 6, 2012, operated by the victim G in Hocheon-gun, Chungcheongnam-gun, the defendant will use at least one week if he/she currently is detained in a criminal case, and he/she will make a full payment.

“.....”

However, the birth of the defendant was not bound, the defendant was thought to use the money received from the victim as living expenses, and there was no intention or ability to repay the money even if he borrowed money from the victim due to the absence of special property.

As such, the Defendant, by deceiving the victim, was transferred KRW 5 million to the Agricultural Cooperative Account (Account Number I) in the name of the Defendant from the victim.

Summary of Evidence

"2017 Highest 57"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. A copy of the bankbook "2017 Godan 100";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed by G;

1. A copy of bankbook;

1. Each investigation report (the confirmation of facts on the day of the crime and the victim G telephone conversations).

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