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(영문) 창원지방법원 거창지원 2018.05.02 2018고단32
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On April 2017, the criminal defendant against the victim C stated that “E” operated by himself/herself, Da 2 107 Dong 107, Jinnam-gun D, Jinnam-gun, Gyeongdong 2, 107, the victim stated that “I would pay money to the victim in return for the extension of the term “I will not be a funeral, employee monthly pay, and other interests will also be given by lending money to the public.”

However, in fact, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from the injured party, because the Defendant had a personal debt of KRW 20 million with no particular income or property at the time.

Nevertheless, the Defendant was issued KRW 8 million around April 30, 2017 to the injured party by making a false statement as above.

2. On May 30, 2017, the Defendant: “Around May 30, 2017, the Victim F told the victim to lend money to the victim as operating expenses because of the fact that the victim’s funeral is not well-grounded; “I would have to pay the money without fail after one month.”

However, in fact, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from the injured party, because the Defendant had a personal debt of KRW 20 million with no particular income or property at the time.

Nevertheless, the Defendant: (a) made a false statement; (b) received a credit card from an injured party; and (c) paid KRW 1 million on May 31, 2017, respectively; and (d) received a delivery of KRW 1 million on June 10, 2017; and (b) acquired property or property benefits equivalent to KRW 3 million in total.

3. Fraud against victim G;

A. On August 2016, the Defendant stated that, from the victim’s house stairs located in 303, Jadong-gun, Jadong-gun, Jadong-gun, the Defendant loaned money to the victim as operating expenses because the funeral is not well-grounded, and if so, he/she would have to pay money to the victim with the maturity money.

However, in fact, the defendant does not have any income or property at the time.

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