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(영문) 광주지방법원 2015.11.10 2015고단2693
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 2009, the Defendant made a false statement that he had worked in a cargo transport company like the victim B for about 10 years. On August 2009, the Defendant called “the Defendant was arrested in the police station because he was unable to pay a fine of three million won,” making a phone call to the victim at the Jeonnam Police Station located in 498 as Bapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.”

However, in fact, the Defendant did not have any intent or ability to pay money within a few days, even if he borrowed money from the victim because the Defendant did not have any economic difficulty, such as having been unable to pay the license fee and the cost of maintaining the vehicle because the Defendant had been engaged in cargo transport business by leasing a transport license

As such, the Defendant, by deceiving the victim, received 3 million won from the victim to the Gwangju Bank Account under the name of the Defendant, and acquired it by fraud.

2. On September 2009, the Defendant made a false statement to the said victim that “I want to lease a cargo transportation office in a wooden boat and carry on a cargo transportation business, and if I lent five million won as rent to the said victim, I would immediately make a payment.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim for the same reason as the preceding paragraph.

As such, the Defendant, by deceiving the victim, received KRW 5 million in cash from the victim, around that time, and acquired KRW 2 million in total from the Defendant Gwangju Bank account, and acquired KRW 7 million in total.

3. On December 5, 2009, around December 5, 2009, the fraud defendant made a false statement to the above victim that "it is necessary to have five tons of cargo vehicles in order to carry on cargo transportation business at inland necks, and because it is impossible to purchase any vehicle with bad credit standing, it is possible to purchase any vehicle under the name of the party, and the installments will be paid in good faith."

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