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(영문) 부산지방법원 2017.06.29 2017고정916

사기

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Defendant A

A. On December 2014, the Defendant would pay KRW 4,40,000 per day to the victim C in the form of number of days per week, with the exception of KRW 600,000,000,000,000,000,000,000,000,000,000 won per day, which was in the vicinity of the YYMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM

“False speech” was made.

However, the Defendant, at the time, did not have an intent or ability to repay the unpaid card price of KRW 5.5 million and the total debt of KRW 13 million in excess of the debt, and there was no special occupation in addition to the operation of the gambling house, and there was no certain income. Therefore, even if the Defendant borrowed money from the injured party, he did not have an intent or ability to repay it as agreed upon.

Nevertheless, on December 19, 2014, the defendant deceivings the victim as above and acquired 4.4 million won from the victim to the Nonghyup Bank account in the name of the defendant on December 19, 2014.

B. On January 2015, the Defendant called the victim, who was in the instant gambling room, as described in the paragraph (a) of Article 1, to “at present, is hospitalized,” and discharged from the Defendant on the loan of KRW 3 million to a person who was in the old room, with the loan of KRW 3 million, and paid off the loan of KRW 1 million.

“False speech” was made.

However, the defendant was thought to use part of his debt repayment even if he received money from the injured party because he had been in excess of his obligation as described in paragraph 1(a), and there was no certain income, and there was no intention or ability to pay the money as agreed.

Nevertheless, on January 23, 2015, the defendant deceivings the victim as above and acquired 3 million won from the victim to the defendant's Nonghyup Bank account.

2. Defendant B: (a) around January 2015, at the end of Busan, the victim C.