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(영문) 창원지방법원 2013.11.01 2013고단2188
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 25 million won to C who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On July 2, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on July 10, 2013 to evade compulsory execution in the Changwon District Court Msan Branch. The said judgment became final and conclusive on July 10, 2013.

1. Around June 26, 2008, the Defendant against the victim D made a false statement to the victim D (the age of 69) at a unit agricultural sub-branch located in the Jin-gu Seoul Special Metropolitan City, Jin-si, Kim Jong-si, stating that “When the construction cost for basic construction is insufficient to build a new building, the Defendant would make payment without molding until December 31, 2008, if he/she lends money.”

However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim due to the total amount of bank loans and personal debts.

As such, the Defendant, by deceiving the victim, received cash of KRW 19 million from the victim in the same place, and acquired it by deception.

2. Fraud against the victim C;

A. On April 2010, the Defendant made a false statement to the effect that “Around April 2010, the Defendant would repay money to the Defendant without molding up until June 17, 2011, if he/she borrowed money to use it as a cafeteria for a restaurant in a building in the Republic of Korea.”

However, the defendant did not have the intent or ability to repay the loan even if he borrowed money from the victim due to the total amount of bank loans and personal debts.

As such, the Defendant, by deceiving the victim, obtained 5 million won in cash from the victim in the same place, and acquired it by fraud.

B. Around June 17, 2010, around June 17, 2010, the defrauded made a false statement to the effect that “Around June 17, 2010, the Defendant would make payment without mold to the victim if he/she extended the money to use for the interior cost. If he/she lends the money to the interior cost, he/she would make payment without mold until June 17, 201.”

However, the defendant is a bank loan obligation and the defendant.

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