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(영문) 부산지방법원 동부지원 2018.11.15 2018고단703

사기

Text

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

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

Reasons

Punishment of the crime

From the end of January 9, 2013 and the end of 2014, the Defendant was liable to pay 7 to 80 million won the Defendant borrowed money in the name of another person. Even if retirement pay does not exceed 8 million won and the Defendant borrowed money in the name of the parent-child hospital expenses or living expenses, the Defendant did not have any intent or ability to pay the amount normally. However, the Defendant, around January 9, 2015, should pay a fine or use the money in full for the payment of the money borrowed from another person. The Defendant would be entitled to receive retirement pay from the hospital.

“Along with the false statement, the victim received KRW 2 million from the injured party, and acquired KRW 34,404,80 through 10 times through a method of receiving cash from the injured party from January 2, 2015 to August 22, 2015, or of receiving money from the account, or of receiving money from the injured party to the account.

In addition, on March 2015, the defendant extended a card to the victim before the defendant's house located in Busan Sho-gu, Busan in Busan in order to calculate living expenses, etc. with the face-to-face card and to pay the money back later with the cancellation of the fund.

The phrase “” makes a false statement, and acquired KB’s national card, which is the victim’s name, from March 23, 2015 to April 9, 2015, by means of using KRW 7,370,481, such as the second one of the crime sight table 2 from March 23, 2015, and not paying the price.

Accordingly, the Defendant acquired a total of 41,775,281 won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A complaint, investigation report (as to attachment of card use records, etc.), item on sales, identification of card use records, past record of use, personal financial inquiry, investigation report (as to confirmation of settlement amount in April 2015, KB National Card, which is a lending card), sight table of suspect A lending card, Kakao Stockholm conversation (B-A), and each liquidity transaction details.