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(영문) 부산지방법원 2019.07.10 2019고단1700

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was sent from the victim B and C meetings to the relationship with the victim.

1. On March 21, 2018, the Defendant of the crime committed around March 21, 2018 told the victim to “if he invests KRW 20 million in operating a marina shop in the territory of the Philippines, he may make a profit of KRW 1.5 million per month, and then 20 million per month may vary.”

However, in fact, the Defendant did not operate a marina shop in the Philippines and was thought to use the money received from the victim for living expenses, personal debt repayment, etc., so even if he received the money from the victim, he did not have the intent or ability to return the money to the victim by making an investment.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 20 million to the account of community credit cooperatives (D) in the name of the Defendant on the same day from the victim.

2. On April 13, 2018, the Defendant of the crime committed around April 13, 2018, saying, within the Seo-gu Busan, that “Around April 13, 2018, there is insufficient funds for the Defendant to sell and purchase a high-quality grass loan operated by the Republic of Korea in the Philippines. If the Defendant borrowed KRW 24 million, he/she would purchase grass loan and repay the principal and interest of each month.”

However, the Defendant did not own a pool loan in the Philippines, and did not have a plan to purchase a new pool loan, and was thought to use the money received from the victim for living expenses, personal debt repayment, etc. At the time, the Defendant did not have any intent or ability to repay the money in accordance with the promise even if he received the money from the victim because he had a debt equivalent to KRW 70 million at the time.

Nevertheless, the Defendant, by deceiving the victim as above, was issued 24 million won to the account of the above community credit cooperative (D) on the same day from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. B.