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(영문) 창원지방법원 거창지원 2013.12.18 2013고단232
사기
Text

A defendant shall be punished by imprisonment for six 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

At around November 30, 2010, the Defendant got married to the victim E who became aware of in C's holding site (D) around November 30, 2010, and received the victim's property from the victim E.

Around December 4, 2010, the Defendant made a false statement to the victim, “I wish to have only one dependent, and I wish to return to the victim seriously, while operating a computer program, if I want to lend KRW 6 million at the cost of the computer program, I would like to repay the money that I would receive from the operation of the room.” On the other hand, the Defendant made a false statement to the victim at a cafeteria where the location cannot be known from around December 5, 2012 to December 6, 2012, with text and telephone, at a place where the location cannot be known.”

However, in fact, the defendant has two children in addition to his/her dependants, so that there was many need for living expenses. Glocks did not run by the defendant, but only work with a monthly wage of about one million won. The defendant was declared bankrupt on September 10, 2010 and did not have any intent or ability to complete payment even if he/she borrowed money from the victim.

As above, the Defendant deceiving the victim and received KRW 6 million from the victim, around December 6, 2010, from the victim, to the Agricultural Cooperative Deposit Account (Account Number: I) in the name of the Defendant’s father.

In addition, from around that time to July 21, 2012, the Defendant received a total of 3,1420,000 won from the victim as borrowed money, or received cash service transfer or credit card settlement, as shown in the separate crime list.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Relevant provisions concerning facts constituting an offense;

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