beta
(영문) 부산지방법원 2015.11.11 2015고단3061

사기

Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From around January 201 to January 2012, the Defendant had worked as an employee at the Busan Shipping Daegu D market operated by the victim C.

1. On May 2013, the Defendant called the victim on the land below Busan, and made a false statement to the effect that “I live in Busan Dongdong-gu F apartment with a stock investment, and now, I raise a lot of profits by investing in the stocks. If the Busan Bank’s 45 million won fund continues to incur losses, it is difficult to recover the principal, and if I would like to terminate this, I would have to lend money to B, and would have to pay 50 million won including the principal by October 20, 2013.”

However, in fact, the Defendant, at the time of stock investment, was a person with bad credit standing in view of losses caused by stock investment. The Defendant did not purchase an apartment house equivalent to KRW 400 million as above, but was living in the above apartment house with monthly rent, and was thought to be appropriated for the stock investment that was borrowed from the victim due to no special property or income at the time, and thus, it was impossible to pay the victim normally.

Nevertheless, on June 14, 2013, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the post office account under his/her name on the pretext of borrowing money.

2. On July 2013, the Defendant made a false statement with the purport that “If the Plaintiff considers a difference in the domestic market price, which was recommended by the Plaintiff, it would be able to lend the money to the Plaintiff, and if the Defendant made a stock investment with the said money, he/she may pay a higher profit than the current stocks.” By December 20, 2013, the Defendant borrowed money, including KRW 90,000,000,000,000,000,000,000,000,000,000,000,00

However, in fact, the victim was unable to repay normally as above.

The defendant deceivings the victim and is under his control.