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(영문) 창원지방법원 마산지원 2013.10.23 2013고단748
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Although the Defendant did not have any ability or intent to complete payment even if he borrowed money from the victim B who was in a relationship of internal payment, the Defendant makes a false statement to the victim, stating that “I will start business with the president of the main factory, if I want to recover the machinery and equipment at a certain place in Chang-si, Chang-gu, Chang-si, Seoul, and Seo-gu, Seoul, and the above victim will immediately repay the money after being supplied with the equipment by borrowing seven million won as a result of the payment of the construction cost of the machinery and equipment at the place of business.” The above statement to the victim is seven million won from the victim’s account (C) in the name of the Defendant on the same day.

1. Three million won, and the same year;

4. 14. 5 million won in total was remitted;

2. On July 201, 201, the Defendant made a false statement to the victim that he did not have an intention or ability to pay a card even if he borrowed a card from the victim B at any place located in Changwon-si, Changwon-si, Changwon-si, and that the card value will be paid if he lent the card to the victim.

The Defendant received one new card in the name of the victim on the same day from the victim, one lot card, and one Samsung Card from the victim, and acquired a pecuniary benefit equivalent to the same amount by using the new card from July 26, 201 to April 23, 201, as stated in the list of crimes (1), 32,079,000 won, lot cards, 3,491,000 won, Samsung Card, Samsung Card 4,000 won, and 39,570,000 won, including Samsung Card 4,00,000 won.

3. Even if the Defendant borrowed money from the above victim B, he/she did not have any ability or intent to complete the payment, the Defendant makes a false statement to the above victim stating that “I will immediately repay the money when I want to borrow money from the vehicle,” at any place in the Chang-gu, Chang-gu, Chang-gu, Chang-si around November 16, 201,” and that “I will immediately repay the money from the vehicle to the above Agricultural Cooperative Account in the name of the Defendant on the same day from the victim.”

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