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(영문) 창원지방법원 마산지원 2018.03.21 2018고단5
사기
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be liable to the applicant C for the compensation of KRW 49,446,883, and the compensation for the damage.

Reasons

Punishment of the crime

1. On January 16, 2012, the Defendant committed fraud against the Victim G and the Victim H: (a) at the “J” located in Changwon-si, Changwon-si; (b) the Victim H had “10 billion won land in Kim Sea; and (c) the bank deposited KRW 1.8 billion in the bank.

A false statement was made to the effect that the deposit is in the form of a penalty and a division lawsuit, and that the lawsuit is terminated if the attorney's fee, etc. is lent.

However, in fact, the defendant was in bad credit without any particular property, and even if he borrowed money from the victim H, he was thought to use it as living expenses and investment expenses, and there was no intention or ability to pay the money to the victim H.

As above, the Defendant: (a) deceiving the victim H and received KRW 4 million in cash from the victim H on the same day; (b) and (c) throughout 52 times from around that day to May 25, 2017, by deceiving the victim G, the husband of the victim H and his/her husband, through the same method, and obtained a total of KRW 90,190,000 from the victims, by deceiving the victim G through the same method as in attached Table 1.

2. On August 30, 2016, the Defendant entered into a contract with Cheongwon-si and 4.2 billion won to the victim’s “L” office operated by the victim E in Changwon-si, Changwon-si.

A false statement was made to the effect that the construction project requires material expenses, personnel expenses, etc. to lend money to the public, and that the payment is to be made immediately after receiving the advance payment.

However, the defendant did not have any intent or ability to pay the money to the victim because he was in a bad condition of credit without any particular property and was thought to use the money as living expenses and investment funds even if he borrowed money from the victim.

The defendant deceivings the victim as above and receives transfer of KRW 10 million from the parallel account in the name of the above H used by the defendant on the same day from the victim, and from around that time until November 30, 2016.

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