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(영문) 부산지방법원 동부지원 2019.01.10 2018고단1290

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 30, 2017, the Defendant was sentenced to imprisonment with prison labor for 8 months and two years of suspended execution, etc. in the Busan District Court's Dong Branch branch branch, which became final and conclusive on December 8, 2017.

1. The Defendant is a person who, from July 22, 2016, participated in the successful bid system of KRW 2.5 million to the monthly payment class of KRW 2.5 million per month operated by the victim B from July 2, 2016, and was aware of the difference between the fraternity and the fraternity.

On October 24, 2016, the Defendant made a false statement to the effect that “Around October 24, 2016, the Defendant would normally pay the fraternity to the victim at a place in Busan (hereinafter referred to as “the Plaintiff need to pay the fraternity as soon as he is urgently required.” The Defendant, who is the husband, was working in the broadcasting station, and if a large amount of income is not paid normally.”

However, at the time of fact, the Defendant had a debt equivalent to KRW 240 million, and the Defendant’s income was insufficient to repay the above debt, and thus was so-called “competing”, and C, the husband of the Defendant, did not have any specific income, and thus, there was no intention or ability to pay the fraternity normally even if the Defendant received the fraternity from the victim.

The Defendant, by deceiving the victim as above, received KRW 28,521,00 from the victim’s bank account (E) in the name of the Defendant on the same day.

2. Fraud of borrowing money;

A. On February 8, 2017, the Defendant made a false statement to the effect that “a loan of KRW 10 million shall be paid to the victim B for ten (10) days after using the phone to the victim B at an unspecified place in Busan, Daegu, Busan, and that “a loan shall be paid with the interest of KRW 1 million after using it for ten (10) days. If the Defendant was granted a loan because there is a place to receive the loan, it shall be paid with all of the deposited credit payment until ten (10) days thereafter.”

However, at the time of fact, the defendant had a debt equivalent to KRW 240 million, and the income of the defendant is insufficient to repay the above debt.