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(영문) 부산지방법원 동부지원 2018.01.11 2017고단2443

사기

Text

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

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

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On April 29, 2014, the Defendant made a false statement that “A loan shall have to be repaid to the victim B” from a loan near the Busan Bank’s annual payment system located in the Busan Bank. The Defendant borrowed money to the victim B within two months from the loan.”

However, the Defendant was a member of several million won at the time, and even if he borrowed money from the victim under the above name, some of them was planned to use money for gambling, and even if he borrowed money from the victim, he did not have the intention or ability to repay the money even if he borrowed money from the victim due to the lack of expenses for restaurant operation in the wind used for gambling-related debts, living expenses, etc.

The defendant deceivings the victim as above and acquired money from the victim to the Busan bank account in the name of the victim on the same day.

B. Around April 25, 2014, the Defendant joined two successful bidders operated by the Victim B, and paid 2.5 million won per month from the date of payment to December 25, 2015. < Amended by Act No. 13588, Dec. 25, 2015>

On June 27, 2017, the Defendant made a false statement to the victim at a non-permanent place located in Busan (hereinafter referred to as “the Defendant would necessarily pay every month’s payment until December 25, 2015, on the face of the State that would have the victim receive an urgent amount of money at this time.”

However, in fact, even if the Defendant was a member of several million won at the time, and even if he borrowed money from the victim under the above name, some of them was planned to use it as money for gambling, and as profits from operating the restaurant at the time, it was not enough to pay the money from the victim even if he received the money from the victim, because the expenses for the restaurant operation are not sufficient.

The defendant deceivings the victim as above and belongs to it.