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(영문) 창원지방법원 2020.03.25 2018고단3130
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2018 Highest 3130"

1. Fraud against the victim B;

A. On February 3, 2016, the Defendant: (a) around 23:00 on February 3, 2016, the Defendant: (b) stated, “The Defendant: (c) at the victim’s house located in Jinhae-si C (hereinafter omitted); (d) on January 2016, 20, the Defendant took the victim and the victim to have his/her personal seal returned to a police officer only at his/her singing room; (d) the Defendant carried out the Defendant’s money as a guarantor by borrowing money from his/her family; (c) the Defendant was obliged to pay the money by failing to pay the money; and (d) the Defendant borrowed money from the money that he/she has to directors at the house currently living.”

However, in fact, the defendant did not have any intention or ability to repay even if he borrowed money from the victim due to no particular income or property.

Around February 4, 2016, the Defendant: (a) received a cash transfer of KRW 10 million from the victim to E account in the name of the Defendant’s name; (b) received KRW 7 million in cash from the FF bank branch located in the Seocho-gu Seoul Special Metropolitan City; and (c) held that there is no substantial disadvantage in the Defendant’s exercise of the Defendant’s right to defense; and (d) thus, the Defendant’s cash delivery place is recognized as above without any changes in the indictment.

around February 8, 2016, 3 million won was remitted to the E account in the name of G designated by the Defendant.

B. On February 14, 2016, the Defendant: (a) told the victim B at the Defendant’s house located in Yangsan-si H (hereinafter omitted) around February 14, 2016, that “Aberland borrowed KRW 30 million as the expenses for surgery are needed for the operation at the Seoul I Hospital.”

However, at the time, the father of the defendant was not scheduled to do so, and even if the defendant borrowed money from the victim due to no particular income or property, he did not have any intention or ability to pay it.

On February 15, 2016, the Defendant made a false statement as above and received cash of KRW 15 million from the post office in front of the post office in Yangsan-si on the pretext of a loan from the victim, and the J bank in Yangsan-si.

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