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(영문) 창원지방법원 진주지원 2015.11.24 2015고단962
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who temporarily operated a mobile phone agency in the name of “D” for up to eight months from March 2014 to November 2014, the Defendant was a person who temporarily operated a mobile phone agency in the name of “D.”

1. Fraud;

A. On June 2014, the Defendant: (a) at the G office in the operation of the Victim E located in Hadong-gun, Chungcheongnam-dong-gun, Hadong-gun, the Defendant: (b) knew of the fact that the victim was not able to receive a loan of KRW 6 million from H; and (c) knew of the fact that the victim was not able to receive a loan of KRW 6 million, 20 million, a mobile phone will be assigned to the victim for the purpose of guarantee; and (d) including KRW 6 million that he lent to H after one month, to complete payment.

However, in fact, the Defendant did not have any intention or ability to pay as agreed, even if he borrowed money from the victim, as he thought to use it in repayment of other obligations.

As such, the Defendant, by deceiving the victim, received 4 million won as the borrowed money from the victim in the same place, and acquired it by fraud.

B. On March 2014, the Defendant involved in the fraud 1 loan to the victim I stated that “A victim I who had been working in the K office located in the Ha-dong, Ha-dong, Ha-dong, Chungcheongnam-do, would lend KRW 200,000,000 to the victim I who had been working in the office.”

However, even if the defendant borrows money from the victim, he/she did not have the intent and ability to repay as provided in Paragraph 1(a) above.

The Defendant, as such, by deceiving the victim, received KRW 200,00 from the victim as the borrowed money on the same day.

Defendant continued to borrow KRW 300,000 to the victim on April 29, 2014, “A previously borrowed KRW 200,000,000,000,000,000” and received KRW 300,000 from the victim on April 22, 2014. The Defendant deceiving the victim that “A loan KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

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