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(영문) 춘천지방법원 강릉지원 2015.09.18 2015고단391
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and C are married, and the victim D is between the defendant and the high school.

1. On February 21, 2013, the Defendant, along with C, made a false statement with C, stating that “The Defendant would purchase the machinery to operate the Lao factory and pay money to the victim within three months from the delivery of goods to Seoul, and would lend KRW 3 million.”

However, under the circumstances where economic difficulty exists, the Defendant thought to use the money for the cost of living with the victim, and there was no intention or ability to repay the money after using it as the cost of the purchase of the machinery of the Oral Factory.

Nevertheless, the Defendant, by deceiving the victim as such, received 3 million won from the victim to the passbook (Account Number: K) in the name of the Defendant’s wife C from the victim.

Accordingly, the defendant acquired the victim's property in collusion with C.

2. Around June 25, 2013, the Defendant informed the victim of the victim’s residence in Samcheon-si L, of the name of the Defendant, the Defendant made a false statement to the victim, stating that “The Defendant shall deposit KRW 13 million within the period of N to 3 months, by withdrawing the amount of KRW 9 million totaling the existing loan amount of KRW 3 million with the passbook and the seal to be notified upon deposit of the money.”

However, in a situation where it is economically difficult, such as the statement in Paragraph 1, the Defendant received the balance of the purchase and sale of trees that had already been contracted with the N from the post office (O) in the name of the Defendant, not the head of the Tong that has already been issued to the victim, and withdrawn it.

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