beta
(영문) 부산지방법원 2016.12.07 2015고단3582

사기

Text

A fine of three million won shall be imposed on the defendant's judgment of "2015 Godan3582", and the judgment of "2016 Godan4164" shall be applied.

Reasons

Punishment of the crime

On January 7, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud at the Busan District Court on January 7, 2015, and the said judgment became final and conclusive on the 15th of the same month.

On October 23, 2012, the Defendant, at the victim D's house located in Busan Northern District A, 610, provided that there is a lack of one million won in order to obtain auction from the victim D, thereby making a false statement that he/she would make a payment within ten days if he/she borrowed.

However, the Defendant had no fixed amount of income, and there was no intention or ability to repay the borrowed amount as stated by the victim in the so-called bad credit standing.

The Defendant received 1 million won as a loan from the victim, namely, at the seat of the Defendant.

In addition, from around that time to July 29, 2014, the Defendant deceivings the victim by the aforementioned means as indicated in the annexed crime sight table (1) and received a total of seven million won from the victim over 13 times.

On September 10, 2015, the Defendant made a false statement that “The Defendant would complete payment after one month,” stating that “The Defendant would lend KRW 2 million to the Plaintiff, who introduced the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth.”

However, at the time, the defendant had no intention or ability to pay the debt amounting to KRW 10 million, and even if he/she borrowed money without any property or income.

As such, the Defendant was issued KRW 10 million in total five times from January 12, 2016, as shown in the List of Offenses (2) by deceiving the victim and receiving two million won from the victim, namely, from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

"2015 Highest 3582"

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint - a certified copy of multiple copies; and

1. Details of passbook transactions;

1. Previous convictions in judgment: Criminal history records, data inquiry;