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(영문) 춘천지방법원 강릉지원 2016.09.29 2014고단974
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant deceptioned the victim C and obtained a total of 35 million won by fraud as follows.

1. On September 11, 2009, the Defendant, at the office of “D” located in the Gu during Ansan-si on September 11, 2009, stated to the effect that “A” is false to the effect that “The Defendant may make reimbursement without a mold since he/she had a 20 to 3rd interest per month since he/she had a fump truck with a 200 to 3 million won by borrowing office operating expenses.”

However, even if the Defendant received KRW 10 million from the injured party, it was thought that the Defendant would use to pay the Defendant’s personal debt and card payment in addition to the monthly wage of the employee, and there was no particular income since the Defendant did not make any profit, and the Defendant did not have an intent or ability to pay the above loan to the injured party, since the Defendant was liable to pay the bank account amounting to KRW 500,000,000.

Nevertheless, the defendant deceivings the victim as such and acquired the victim's 10 million won by receiving delivery from the victim.

2. On May 26, 2010, the Defendant of the crime committed around May 26, 2010, at the “E” office located in Gangseo-si F on May 26, 2010, the Victim C is entitled to remove immediately pine trees upon obtaining permission for inspection from the Defendant.

As the inspection permit is soon ever, it was false that it would be repaid in addition to the loan amount of 5 million won by lending the contract deposit for the sale of pine trees.

However, the defendant was thought to be used for personal purposes even if he received money from the injured party, and whether it is possible to permit inspection to enter into a contract for tree sales in relation to the above forest.

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