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(영문) 창원지방법원 진주지원 2016.03.30 2015고단1218
사기
Text

A defendant shall be punished by imprisonment for four 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

1. On December 2013, 2013, the Defendant needs to pay money to the victim C in front of this phenomenon occurring in Ison-dong, Jin-si, Jin-si, Jin-si.

After three months of full payment, the term “one-five million won loan” was false, namely, “one-five million won loan”.

However, the Defendant had no intention or ability to repay money from the injured party, even if he/she borrowed money from the injured party, because not only the profits of the entertainment center operated with D at the time, but also the Defendant had been borne by the said D with the obligation of KRW 40 million and the financial institution.

Ultimately, the Defendant, by deceiving the victim as above, was remitted from the victim, to the new bank account in the name of the Defendant around December 13, 2013, the sum of KRW 3 million and KRW 12.75 million around the 16th day of the same month, as the borrowed money, around December 13, 2013.

2. On August 1, 2014, the Defendant called the victim C at an influence place, and seized the Defendant who paid the unpaid amount to the victim C.

On January 2015, when the lease contract is terminated, the Plaintiff made a false statement that he/she would make a full payment to the money that he/she borrowed prior to receiving the security deposit by the end of January 2015.

However, the Defendant did not have any intent or ability to repay money, even if he borrowed money from the injured party, because the financial situation, such as the statement in the preceding paragraph, was difficult due to lack of financial resources.

The Defendant deceiving the victim as above and transferred KRW 10 million to the Agricultural Cooperative Account in the name of E on the same day from the victim, and KRW 200,000,000 to the SC Bank Account in the name of the Defendant around August 2, 2014, and KRW 10,000,000 to the Agricultural Cooperative Account in the name of E around September 15, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the specifications of transactions of each automation machine;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, and imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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