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(영문) 창원지방법원 마산지원 2016.11.30 2016고단852
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around July 24, 2012, the Defendant against the victim C made a false statement to the effect that “The Defendant would receive a loan with the purchased house as collateral if the Defendant borrowed KRW 19 million as the amount to purchase the house is insufficient,” from the victim’s residence in Changwon-si Yangdong-dong, Changwon-si.”

However, in fact, the Defendant did not think of the full payment of the money deposited with the money received from the victim and the money deposited by the Defendant, and did not think of the purchase of the money. Since there was no property owned by a certain occupation or the name of the Defendant at the time and there was a lot of personal damage, there was no intention or ability to repay the money even if the Defendant borrowed the money from the victim.

Nevertheless, on July 24, 2012, the Defendant, by deceiving the victim as above and deceiving the victim from the victim, received money of KRW 19 million from the Defendant to the agricultural bank account in the name of the Defendant D, used by the Defendant.

2. Fraud to victims E;

A. On July 25, 2012, the Defendant made a false statement to the effect that, at the Defendant’s residence located in Yongsan-si F in Changwon-si, Changwon-si, the Defendant was given guidance money from the victim E, which is the cause of the succession, and that, at the same time, G was given the money from the victim E, the Defendant would deliver the money to G without the mold.

However, in fact, the defendant had already been aware of the fact that the above rupture system was spread and was not operated normally. Since the fraternity received from the victim was thought to be used as living expenses, there was no intention or ability to deliver it to the fraternity even if it was delivered by the victim.

Nevertheless, as above, the Defendant, by deceiving the victim, and then deceiving the victim, through the bank account in the name of H in the name of the Defendant’s father, used by the Defendant from the victim, by taking over KRW 1.5 million around July 25, 2012, and KRW 1.544 million around August 30, 2012, and by taking over KRW 304 million in total.

B. The Defendant, around August 28, 2012, was the victim at the Defendant’s residence.

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