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(영문) 부산지방법원 동부지원 2018.05.17 2017고단2610

사기

Text

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

Reasons

Punishment of the crime

Defendant did not have the intent or ability to repay, even if she borrowed money from Victim C, and was thought to be used for personal debt repayment and Internet gambling;

1. On June 3, 2015, the victim would be money if it exceeds the business store by purchasing it at a point of view that the victim had been engaged in scambling and selling and any other business related thereto, and that it had been an scambling and scambling material in the scam value.

A false statement to the effect that “I will give the principal and interest after lending KRW 20,000,000,000,0000,000,000,000 from the injured party at that time;

2. On November 24, 2015, the victim received a high interest rate of 15,60,000 won in total from the injured party over three times around that time, on the following grounds: “Around November 24, 2015, the victim received a loan due to high credit rating in the lending bank, and a loan of 15,60,000 won in total, which is the subject of responsibility for all if a monetary accident occurred.”

3. On December 10, 2015, the victim’s phrase “around December 10, 2015, in order to fully repay the previously borrowed amount, he/she must purchase an Ansan brand, and the Plaintiff’s phrase “a request to lend KRW 15 million to the Do Governor and the Do Governor to pay on a lump-sum basis” received KRW 15 million from the injured party;

4. Around December 28, 2015, the victim made a fair certificate with respect to the money borrowed prior to lending KRW 19 million to the victim, and arranged the leased stores in Busan D, which he/she operates, with the deposit and the money that he/she owns, may be paid in the form of a house, tea, land, or bill. On the other hand, the victim received KRW 19 million from the victim and acquired the total amount of KRW 69.6 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on a copy of a process deed and details of account transactions;

1. The punishment of Article 347(1) of the Criminal Act (the choice of imprisonment), which is based on the relevant legal provisions and the choice of punishment, is one hundred million won.