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(영문) 부산지방법원 2019.01.30 2018고단5239

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 20, 2015, the criminal defendant against the victim B made a false statement to the victim, stating, “If the victim borrowed 10 million won as he/she needs to engage in funeral services, he/she will be repaid 2-3 months after the lapse of 2-3 months.”

However, in fact, the defendant did not think that he borrowed money from the victim to another person and did not think that he would be able to perform funeral, and even if he did not borrow money from the victim because there was no particular property or monthly income, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the E account under the name of the Defendant as the borrowed money, and acquired a total of KRW 58 million through 34 times, as shown in the attached crime list, including the transfer of KRW 10 million from the victim.

2. On March 4, 2016, the Defendant against the victim F made a false statement to the effect that “The Defendant would pay the victim money to the Plaintiff when he/she operates the train on board. It is necessary to pay interest on KRW 0.8 per month when he/she borrowed KRW 5 million. It is necessary to pay the money if he/she reaches two months prior to the need to pay the money.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim on the ground of Paragraph 1.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the I bank account under the name of the Defendant as the borrowed money, and acquired a total of KRW 21 million through four times, such as the statement in the attached crime list.

3. On May 6, 2016, the Defendant against the victim J borrowed 5 million won or more because he/she had no money to send his/her her son K to his/her her son K to the victim’s her son’s son’s son’s son’s son’s son’s residence.

The money needs to be repaid one month before it is paid.