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(영문) 창원지방법원 통영지원 2017.07.13 2017고단245
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On June 22, 2012, the Defendant was sentenced to two months of imprisonment for fraud and six months of imprisonment, respectively, at the Changwon District Court’s branch branch, and completed the execution of the above sentence on December 3, 2012.

[Criminal facts]

1. On August 7, 2015, the Defendant: (a) borrowed KRW 18,50,000,000 for the purchase of the Defendant’s low-priced passenger cars at the victim’s office located in Busan Dong-dong-ro No. 133-ro, Busan, and (b) concluded an erroneous debate with the Defendant to repay KRW 696,039 monthly from September 1, 2015 to 36 months; and (c) concluded the future debate with the employees in charge of the said company as if they would have repaid the loan normally.

However, the defendant did not have certain income at the time, and there was no intention or ability to repay the vehicle normally even if he received a loan from the injured party due to no particular property.

As such, the Defendant, by deceiving the victim, received 18,500,000 won from the victim under the name of the second and second loans from the victim on the same day, and acquired it by fraud.

2. On June 27, 2016, the Defendant, against the victim D, was raising money to the victim D to purchase a building located in the former wife’s name at his home located in the 813-si building E on June 27, 2016

On July 10, 2016, a loan of money necessary for the purchase fund of a building will be made until July 10, 2016.

“A false statement” was made.

However, even if the Defendant borrowed money from the damaged party, the Defendant did not intend to use it as the purchase fund of the building, and there was no fixed income or specific property at the time, and there was no intention or ability to repay it.

Around June 28, 2016, the Defendant, by deceiving the victim, received 36,000,000 won from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant from the victim and acquired it by defrauded.

3. The Defendant against the victim’s Korean taxi transport business association is his/her household G.

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