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(영문) 창원지방법원 2015.02.03 2014고단2947
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 March 1, 2014, the Defendant made a false statement to the victim B that “A 1 million won has been loaned to a son who has a son who has a son and has not repaid the money.” The Defendant made a false statement to the effect that “A son who has a son and has a son who has a son and has not repaid the money. I will make a repayment to the son.”

However, the defendant did not have any particular property or income at the time, while he did not have any intent or ability to repay money even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, acquired 1 million won from the victim to the Defendant’s account in C on the same day.

2. Around March 3, 2014, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim with a debt amounting to five million won or more,” at a subdivision located near the upstream-dong, Chungcheongnam-gu, Sungwon-si, Changwon-si.”

However, the defendant did not have the intent or ability to repay the above even if he borrowed money from the victim for the above reasons.

The Defendant, by deceiving the victim as above, received 3.8 million won from the victim to the above C’s account on the same day.

3. On March 4, 2014, the Defendant made a false statement to the effect that “I would lend money to the Defendant at the Defendant’s home located in the window D of Changwon-si, but I would have borrowed money in exchange for KRW 10 million to the Defendant.”

However, the fact was registered in the name of the defendant's mother, but it was difficult for the defendant to obtain an additional loan with a loan of KRW 115 million as security, while there was no particular property or income, but there was no intention or ability to repay the loan even if the defendant borrowed money from the victim.

The defendant deceivings the victim as above and is on the same day from the victim.

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