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(영문) 창원지방법원 통영지원 2019.10.29 2019고단493
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. in the Changwon District Court’s territorial branch on May 18, 2016, and the judgment becomes final and conclusive on September 15, 2016.

The Defendant and C are those who jointly operate “E” and “G” located in the same city as macro-si D, 1st floor.

Around June 5, 2014, the Defendant and C made a false statement to the victim B, within the main point of “I” located in H on June 5, 2014, that “I will repay 15 days after the completion payment if G lends 30 million won of the completion payment.”

However, in fact, even if the defendant and C borrow money from the victim, it is unclear when and how much progress payment is made, and the defendant had a large amount of obligation, so there was no intention or ability to repay 30 million won after 15 days.

The Defendant, in collusion with C, by deceiving the victim, received KRW 20 million from the victim, via G’s account in the name of G (J) around June 7, 2014, and KRW 10 million around June 9, 2014.

On June 17, 2014, the Defendant and C borrowed money from the victim as set forth in the above paragraph 1, but the interior construction cost was insufficient, resulting in a lack of money to borrow money from the victim.

On June 17, 2014, the Defendant found the victim’s house and concluded that “If the Defendant borrowed 30 million won or more, the payment for the completed portion that became known in this month shall be repaid at KRW 60 million after the payment was made in the following month.”

However, in fact, even if the defendant and C borrow money from the victim, it is unclear when and how much progress payment is made, and the defendant had a large amount of obligation, so there was no intention or ability to pay 60 million won after 15 days.

In collusion with the defendant, the defendant and C received 30 million won from the victim to the above account in the same day.

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