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(영문) 창원지방법원 2014.09.05 2013고단3913
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2012, 2012, the Defendant against the victim C made a false statement to the victim C, stating that “The victim C would pay 20% of the principal to the interest if he/she borrowed 34 million won in the purchase cost of fake medical devices for each 17 million won, and would repay the principal three months later.”

However, in fact, the defendant has reached approximately KRW 67 million, and even if he/she borrowed money from the victim due to lack of a certain occupation, he/she was thought to consume it as living expenses and debt repayment, and there was no idea to purchase a medical device, and there was no intention or ability to pay interest and principal to the victim.

On November 16, 2012, the Defendant, by deceiving the victim, received 33.2 million won from the national bank account in the name of the Defendant.

2. Fraud against victim F;

A. On March 2013, 2013, the Defendant: (a) made a false statement to the Defendant on March 3, 2013, 2013, stating that “The Defendant would have a hospital located in the H office located in Busan BY G; and (b) the Victim F would have a large amount of 15% of the principal if the Defendant lent 7.3 million won fake medical device purchase cost 36.5 million won per 1 unit, to the Defendant borrowed 7.3 million won fake medical device purchase cost to the Defendant; and (c) the principal would be repaid by June 30, 2013.”

However, in fact, the defendant has reached approximately KRW 67 million, and even if he/she borrowed money from the victim due to lack of a certain occupation, he/she was thought to consume it as living expenses and debt repayment, and there was no idea to purchase a medical device, and there was no intention or ability to pay interest and principal to the victim.

As such, the Defendant, by deceiving the victim and deceiving him/her from the victim, shall be KRW 7.3 million from the national bank account in the name of the Defendant on March 7, 2013, and on March 14, 2013.

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