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(영문) 창원지방법원 2019.02.15 2018고단3053
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 2016, the criminal defendant against the victim B made a false statement to the effect that "a loan of leisure funds is provided to the victim through the victim Eul, who is the victim Eul, at the time of Kimhae-si, and the principal shall be paid by putting the loan in a limit of KRW 30 million, and the principal shall be paid. However, the defendant was liable to pay at least KRW 300,000 per month with the principal and interest, while the defendant was in a situation where he/she had to pay at least KRW 300,000 per month with no particular property or income, and there was no intention or ability to pay the principal and interest of the above bonds, even if he/she borrowed money from the victim, as a promise, even if he/she did not have any intent or ability to pay the principal and interest.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim to the D account under the name of the Defendant, obtained KRW 6 million around September 12, 2016, KRW 3 million around January 7, 2017, KRW 10 million around January 21, 2017, KRW 2 million around February 6, 2017, KRW 5 million around February 16, 2017, KRW 5 million, KRW 271 million around February 27, 2017, KRW 500,000 around March 21, 2017, and KRW 34 million by taking over the total amount of KRW 2 million around May 13, 2017.

2. On April 12, 2017, the criminal defendant against the victim E calls from the victim E to the victim E during the insular area of the Kimhae-si (hereinafter referred to as the "Skhae-si") and falsely speaks that "where a person lends money to the victim, he/she will give three additional monthly interest, and the principal will be repaid after two years." However, the criminal defendant already bears considerable debt as described in paragraph 1, and even if he/she borrows money from the victim, he/she did not have the intent or ability to repay it. Thus, the criminal defendant deceivings the victim as above, and then, by deceiving him/her from the victim to the D account under the name of the criminal defendant around April 12, 2017, KRW 6 million around April 14, 2017, KRW 4 million around April 15, 2017, KRW 12 million received a total of 12 million from the victim.

3. On April 2017, the Defendant: (a) calls from the victim F to the victim F at an influence point of the end of Kimhae-si on or before the end of April 2017; and (b) lends money from the victim F.

iv.

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