beta
(영문) 부산지방법원 동부지원 2017.05.10 2016고단1247

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for 8 months at the Busan District Court on the grounds of fraud, etc. on July 8, 2016.

"2016 Highest 1247"

1. On March 15, 2015, the Defendant committed a crime against the victim D in the U.S. room located in Busan, Busan, Busan, and there is a place where the victim D “where there are several kinds of businesses, and money for business is remitted.”

In that sense, the account transfer limit exceeds that of the internal account in which money is deposited and thus it is impossible to engage in the account transaction. Accordingly, the false statement was made that the account is to be repaid on a face-to-face loan to B.

However, even if the Defendant received money from the injured party, the Defendant was planning to use the money for gambling. At the time, it was difficult to borrow money from another person’s automobile as security, and there was no other property or income, and there was no intention or ability to repay the money even if he/she borrowed money from the injured party.

The Defendant received KRW 3,00,000 from the injured party on March 16, 2015 to the new bank account in the name of the Defendant and received KRW 28,00,000 in total from the injured party, from March 19, 2015, from that time until March 19, 2015, including the transfer of KRW 3,00,00 from the injured party to the new bank account in the name of the Defendant.

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

2. Crimes against victims E;

A. The Defendant borrowed money 1) around March 25, 2015: (a) around Seoul, the victim E was seeking shopping in a non-permanent place; (b) there was no money left on the walling.

A false statement was made stating that he/she will make a full payment on his/her face to lend money to a shopping mall.

However, even if the Defendant received money from the injured party, the Defendant was planning to use the money for gambling. At the time, it was difficult to borrow money from others as security, and there was no other property or income, and there was no intention or ability to repay the money even if he borrowed money from the injured party.