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(영문) 창원지방법원 통영지원 2016.02.03 2015고단719
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. The Defendant committed the crime of July 5, 2012 at the victim D’s house located at around 15:00 on July 5, 2012, at the victim D’s house located at around 15:0 on July 5, 2012, and the victim is running a loan business with the husband.

There are few people who want to lend money now, and there is no money to lend it.

If a loan of KRW 13 million is made, the interest shall be given at the 7th of each month, and the principal shall be returned at any time.

“A false representation was made.”

However, the defendant did not have any property, and there was little income from the absence of a certain occupation at that time, and there was a lack of living expenses, making a living with a loan under the name of the pilot, and the personal debt was about KRW 50 million, and even if he borrowed money from the injured party, most of the money was intended to use it for the purpose of personal debt, and there was no intention or ability to pay it.

However, the Defendant received 1,2230,000 won from the injured party to the national bank account in the name of the person living in the same household on the same day, and acquired it by fraud.

2. On July 9, 2012, the Defendant committed the crime on July 9, 2012: (a) around 16:00 on July 9, 2012, the Defendant: (b) borrowed money from the victim’s house; (c) “The Defendant borrowed money from the pawned one; and (d) urgently sought money from the victim.”

If only 7 million won is lent, it shall be repaid after one week.

“A false representation was made.”

However, the above facts did not have the intent or ability to repay the borrowed money even if they borrowed money from the injured party, and there was no intention to use the borrowed money to recover the plaque.

However, the Defendant received 7 million won from the injured party to the Nonghyup Bank account in the name of the same person in the name of the same day from the third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, details of passbooks, loan certificates, and certification of income amount;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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