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(영문) 창원지방법원 통영지원 2018.10.31 2018고단901
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 21, 2017, the Defendant committed the crime of July 21, 2017, in the “D” coffee shop located in Scasion C on July 21, 2017, to the victim E “only a monthly wage of KRW 5 million is to pay the insurance premium on behalf of the customer. By July 21, 2017, the Defendant would pay the insurance premium up to December 2017.

“A false representation was made.”

However, in fact, the Defendant only intended to use money from the injured party for “a return prevention” and did not intend to pay the insurance premium to the customer. At the time, the Defendant had a debt amounting to approximately KRW 200 million on the other hand, on the other hand, was in excess of the debt amount without any specific property, and thus, the Defendant did not have any intent to pay the money to the injured party.

Ultimately, the Defendant, by deceiving the victim as above, received 4.8 million won from the victim to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant in the name of the victim on the same day.

2. On October 19, 2017, the Defendant, at the place described in paragraph 1, around October 19, 2017, raised money to the victim E to attempt to set a point greater than the point at which the Defendant is performing funeral services at present.

It shall be paid within three months by lending KRW 20,000 to funeral services.

The phrase “ makes a false statement.”

However, in fact, the Defendant only intended to use money from the injured party to “refiscing to return” another obligation, and did not have any idea to use the money to pay the money. However, as stated in paragraph 1, there was no intention or ability to pay the money to the injured party by already being in excess of the obligation.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 18 million from the victim to the account specified in paragraph 1 as the borrowed money on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused (includingG statements);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a loan certificate, each statement of deposit transactions, and account transaction statement;

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