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(영문) 창원지방법원 2017.03.30 2016고단3452
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2015, the criminal defendant against the victim C made a false statement to the victim C, who was aware of his/her reputation at the early Franchisium Kim Jong-si, Kim Jong-si, that “The victim C would have repaid money within two months if he/she lent money as a construction cost to the victim C, which is the D hotel and E hotel at the time of his/her proposal, but is a building in which he/she made a joint investment with Na, Sindo, and Sindo, and is a building in which he/she has made

However, even if the Defendant did not have made joint investments in the above 2 hotel and borrowed money from the injured party, he/she had the intent to use his/her personal debt instead of using it as construction expenses for the interior of the above hotel. At the time, the Defendant was paying KRW 170 million interest per month on the bonds accrued when operating 2 places of “G” and “H” in Kimhae-si F, and KRW 10 million per month. At the time, the Defendant did not have any intent or ability to refund the above clothes because he/she could not repay his/her monthly income or property that he/she obtained by operating the above clothes in the city bank and No. 2 financial rights. From May 2015, the Defendant did not have any intent or ability to repay the above money from the injured party, even if he/she borrowed the above money from the injured party due to his/her failure to pay his/her monthly income or property.

As such, the Defendant, by deceiving the victim as such, received from the victim on February 9, 2015, KRW 50 million, KRW 50 million on February 10, 2015, KRW 100 million on February 26, 2015, KRW 30 million on May 11, 2015, and KRW 230 million on a total from the victim’s bank account (Account Number: I) in his/her name.

2. Fraud to the victim J;

A. On September 22, 2015, the Defendant: (a) walked to the J of the victims of the Sig-si building 103, Kim Jong-si, Kim Jong-si, Kim Jong-si, and thus, (b) it is necessary to pay KRW 30 million for the contract to provide clothes; (c) after one month, the Defendant loaned the time-to-paid money to another and repaid the time-to-paid money; and (d) the store will be used only for one month when the payment is omitted.

The phrase “the phrase was false.”

However, it is true.

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