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(영문) 부산지방법원 서부지원 2019.09.19 2019고단63 (1)

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 becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 63"

1. On May 8, 2017, the criminal defendant against the victim B made a false statement to the victim, “The victim, who is the owner of the E entertainment tavern business, will work as an employee in E entertainment tavern if he/she is paid in advance.”

However, even if the Defendant received a prepaid payment from the victim, he did not have the intent to work in the said entertainment tavern, and if he did not perform the work due to no particular import, he did not have any intention or ability to return the amount equivalent to the said prepaid payment.

As such, the Defendant, by deceiving the victim as such, received a total of seven million won from the victim to the account of community credit cooperatives (F) in the name of the Defendant, on May 9, 2017, and on May 10, 2017, and acquired the victim by transfer under the name of advance payment.

2. On May 11, 2017, the criminal defendant against the victim G made a false statement to the victim that “The victim works in the E entertainment tavern, but the money is required to be repaid every day if the victim lends one million won to another.”

However, at the time, the defendant had no intention to work in E entertainment tavern, and even if he borrowed money from the victim without any specific property, he did not have the intention or ability to pay the money.

The Defendant, by deceiving the victim, received 870,000 won from the above account of community credit cooperatives under the name of the Defendant on the same day.

"2019 Highest 1052"

1. Around June 26, 2017, the Defendant made a false statement to the victim H that the Defendant “a business owner would retire from K clubs and would engage in his/her work at Jda,” to the victim of the Plaintiff, who is the owner of the business, within the “JJ,” located within the “JJ.” located within the Sinnam-gun, Busan. K clubs would have an amount of three million won in advance at K clubs, and the payment would be extremely high in Jda if the said amount is repaid.”

However, even if the defendant receives the advance payment from the beginning, he did not have intention or ability to pay the advance payment.

Nevertheless, it is not appropriate.