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(영문) 부산지방법원 2015.12.10 2014고단7936

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

"2014 Highest 7936"

1. Around 13:00 on November 28, 2013, the Defendant made a false statement to the victim D, “If the Defendant lends KRW 15 million to the victim D before the reduction elementary school located in the Dong-dong, Busan, the Defendant will leave the vehicle as security and will only use the vehicle for one month.”

However, in fact, the Defendant did not have any intention or ability to pay money even if he borrowed money from the victim because it was extremely difficult for the Defendant to do so with no money at all at the time.

The Defendant received 1,4250,000 won from the victim to the Busan Bank account (F) in the name of the Defendant’s wife, after deducting interest KRW 7,50,000 from the victim as the borrowed money on the same day.

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

2. On December 19, 2013, at around 16:00, the Defendant deceivings the victim in the same manner as described in paragraph (1) at the place described in paragraph (1) at the same time, and was transferred KRW 1.6 million from the victim’s wife to the Busan Bank account (F) in the name of the Defendant.

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

3. On December 29, 2013, the Defendant made a false statement to the effect that “If the victim exceeds one motor vehicle owned by the victim, 9.5 million won will be paid.”

However, in fact, the defendant did not have an intention or ability to pay the price even if he received one motor vehicle from the victim because he thought that the price will be used for personal purposes after he disposed of the above motor vehicle with one motor vehicle on the other.

The Defendant received from the victim one motor vehicle in the amount of KRW 9.5 million at the market price on the same day.

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

"2014 Highest 9269"

1. On January 8, 2014, the Defendant was scheduled to purchase capital from K at the J business agency located in the Seo-gu Busan Metropolitan City I to the victim L who is an operator of the J business agency, and the purchase cost is heavy.