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(영문) 창원지방법원 2016.07.15 2016고단577
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 8, 2015, the Defendant, at the time of repair of clothes operated by the victim D in Kimhae-si, Kim Jong-si, the Defendant, “If the Plaintiff lent money to the Plaintiff to return the deposit amount of KRW 20 million due to the tenant who was admitted to the building, he/she would immediately repay the money to the other tenant if he/she leased the money.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have the deposit that should be returned to the revenues of the building, and was thought to be used as the business fund of the children, and even if he borrowed money from the damaged party such as bank loans and bonds at the time, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim, received the remittance of KRW 10 million on the same day, and KRW 20 million on April 9, 2015, and acquired KRW 20 million on a total from the victim.

2. On April 30, 2015, the Defendant, at the above clothes repair shop, lent to the victim “I wish to complete payment without mold six months after he/she lent 10 million won as he/she passed the above clothes repair shop to the Defendant, but he/she was in need of the payment of money to the Plaintiff.”

“False speech was made to the effect that it was “.”

However, the defendant was thought to use the interest and the family's hospital expense for the defendant, and even if he borrowed money from the injured party for the debt amounting to 400 million won at the time, he did not have an intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 10 million on the same day under the pretext of borrowing money from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a certificate of borrowing and a certificate of payment transaction;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The sentence shall be imposed as ordered by taking into account the following circumstances as the reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which shall be as follows.

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