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(영문) 창원지방법원 밀양지원 2018.10.25 2018고단161
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 22, 2014, the Defendant, who committed a crime on April 22, 2014, made a false statement to the victim D, stating that “The Defendant would have repaid KRW 10 million to the victim three months after he/she borrowed the victim’s residence, which is closely required to pay the amount.”

However, the defendant did not have any intention or ability to repay money within the agreed time limit, even if he borrowed money from the injured party without any special property or income at the time.

Nevertheless, the Defendant, by deceiving the victim as such, received money from the victim to the Nong Bank account (E) in the name of the Defendant on the same day from the victim, and acquired it as a borrowed money.

2. On October 31, 2014, the Defendant, at the place indicated in paragraph 1 around October 31, 2014, made a false statement to the effect that “Around October 31, 2014, the Defendant would lend KRW 5 million to the victim with the previously borrowed money.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the injured party due to no special property or income at the time.

Nevertheless, the Defendant, by deceiving the victim as such, received 5 million won from the victim to the foreign exchange bank account (G) account (G) with the husband F on the same day from the victim, and acquired it as the borrowed money.

3. On December 10, 2014, the Defendant, at the place specified in paragraph (1) around December 10, 2014, made a false statement to the effect that “If 5 million won is loaned to the victim, 20 million won, which is the total amount after one month, shall be repaid to the victim.”

However, the defendant did not have any intention or ability to change money within the agreed time limit, even if he/she borrowed money from the damaged person due to no special property or income at the time.

Nevertheless, the Defendant, by deceiving the victim, received 5 million won from the victim to the NongHyup Bank account (E) in the name of the Defendant on the same day from the victim, and acquired the money as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.

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