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(영문) 창원지방법원 마산지원 2018.05.09 2018고단111
사기
Text

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

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

Reasons

Punishment of the crime

1. On July 23, 2014, the Defendant made a false statement to the victim C, stating that “The Defendant would lend KRW 25 million necessary for a lawsuit claiming the division of inherited property that is disputed with the punishment to the victim, she will use only two months and complete payment.”

However, the defendant was managing the money borrowed from the injured party.

At the time, the defendant did not have any special property or income, and there was no intention or ability to repay the money borrowed from the damaged party.

The defendant deceivings the victim as above and received 25 million won as a check from the victim around that time.

2. On August 9, 2014, the Defendant stated that, at the place indicated in the foregoing paragraph (1) around August 9, 2014, the victim C stated that “I would pay back KRW 10 million prior to the lending of KRW 10 million necessary to obtain a house to reside, because I could not live in the room that he/she owned.”

However, at the time of fact, the defendant did not have the intention or ability to repay the borrowed money from the injured party because there was no special property or income.

The defendant deceivings the victim as above and was delivered KRW 10 million as a check from the victim around that time.

3. On September 4, 2014, the Defendant made a false statement to the victim C, stating that “The Defendant would lend money if there is no time to see the circumstances” to the victim C at the place indicated in the foregoing paragraph (1). The Defendant borrowed money together with the aforementioned borrowed money.”

However, at the time of fact, the defendant did not have the intention or ability to repay the borrowed money from the injured party because there was no special property or income.

As above, the defendant deceivings the victim as above and belongs to it, the 15 million won is the name of the victim as the borrowed money.

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