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(영문) 창원지방법원 통영지원 2019.07.09 2018고단1252
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 2016, the Defendant committed the crime against the victim B with the police officer on September 2016, 2016, the Defendant stated that “The Defendant would repay the Defendant three-month back if he borrowed the Defendant’s right to payment of KRW 17 million on the ground that he was a parent-child’s house and received the Defendant’s transfer of his house, KRW 5 million on the condition that he was a parent-child’s house, KRW 5 million on the ground that he was a parent-child’s overseas training expenses, KRW 8 million on the part of the Defendant, KRW 30 million, and KRW 30 million on the part of the Defendant.”

However, at the time of fact, the Defendant did not have any special property, and was in a bad credit condition, and was not in need of money at the expense of the tree personnel expenses, the overseas training expenses of his/her wife, and the money was required to be paid at the expense of the exercise of the right to demand the payment of the money.

As above, the Defendant, by deceiving the victim, received a total of KRW 30 million from September 31, 2016 to November 29, 2016, from the victim’s account in the name of the Defendant.

Around March 5, 2018, the Defendant made a false statement to the “F cafeteria” located in Tong Young-si, Si around March 5, 2018, that “The Defendant shall lend the card to his/her natives, and pay the card amount to the victim, but he/she shall pay the card amount after one million won in cash, if he/she lends it to his/her natives.”

However, at the time of fact, the defendant did not have any special property, and even if he borrowed money from the victim with bad credit standing, there was no intention or ability to repay it.

As above, the Defendant deceivings the victim and received cash KRW 1 million from the victim around that time.

Accordingly, the defendant was given property by deceiving the victim.

Around June 22, 2016, the Defendant stated that “Around June 22, 2016, the Defendant would pay KRW 10 million to the victim after three months, along with interest rate of KRW 30,000,00, if he/she borrowed KRW 10,000 to the victim at the F cafeteria listed in paragraph (b) of Section 1.”

However, at the time of fact, the defendant did not have any special property, and was in bad credit standing.

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