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(영문) 창원지방법원 마산지원 2014.05.27 2014고단237
사기등
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.

(e).

Reasons

Punishment of the crime

1. On July 12, 2009, the Defendant made a false statement to the Defendant’s monthly rent room, such as the preceding paragraph, to the effect that “The Defendant would refund money to the Victim C to purchase the gallon vehicle, to lend the purchase cost, insurance premium, repair cost, etc. to the gallon vehicle, and to the end of the year.”

However, the facts did not have the intent or ability to pay the above money even though they received the above money from the victim, such as that the defendant was engaged in a part-time job and did not have any property.

Around July 13, 2009, the Defendant acquired 3,658,030 won by deceiving the victim to pay 800,000 won under the name of automobile insurance premiums on July 14, 2009, such as having the victim pay 2,00,000 won under the name of automobile repair expenses around July 20, 209.

2. On September 16, 2009, the Defendant made a false statement to the effect that “The Defendant would have paid back immediately on the part of the Defendant, i.e., the Defendant: (a) at the monthly rent room of the Defendant, such as the preceding paragraph (11):00; (b) “I would have to buy a vehicle from a self-furged; and (c)

However, the facts did not have the intent or ability to pay the above money even though they received the above money from the victim, such as that the defendant was engaged in a part-time job and did not have any property.

The defendant received 300,000 won in cash from the victim in the name of the borrowed money from the victim and acquired it by fraud.

3. On September 27, 2011, the Defendant made a false statement to the effect that “The Defendant would pay the victim the cost of the equipment installment and the fee for the use of the equipment on the part of the victim who subscribed to the mobile phone in the name of the victim.”

However, fact is that the defendant was engaged in day duty and there was no intention or ability to pay the above mobile phone installment cost and the user fee even if he received a mobile phone from the victim, such as there was no particular property.

The defendant had the victim join one mobile phone (number E) on that day, and use the mobile phone after collecting the aforementioned mobile phone from his/her female, from that time.

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