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(영문) 부산지방법원 2019.06.12 2019고단1532

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2018, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, which became final and conclusive on March 29, 2019.

【Criminal Facts】

The Defendant is a person who operates a “C” clothing store in the Busan Jung-gu B market.

1. On April 25, 2017, the Defendant of the crime committed around April 25, 2017, at the above “C” clothing shop, the Defendant stated that “If he/she has lent KRW 30 million to the victim D, he/she would be able to receive 10 million from the bank, he/she would be able to receive 24% loans from the existing bank and pay the principal with interest at 24% per annum.”

However, the Defendant did not have any intent or ability to repay the debt even if she borrowed money from the victim because the Defendant borrowed money from another person to repay the debt again by using the money from another person.

Nevertheless, around April 26, 2017, the Defendant, by deceiving the victim as above, received delivery of KRW 12 million in cash, KRW 18 million in total, and KRW 30 million in the E bank account (Account Number:F) in the name of the Defendant from the victim on April 26, 2017.

2. On August 10, 2017, the Defendant of the crime committed around August 10, 2017, at the same place as Paragraph 1, stating, “If he/she lends 10 million won to the victim, he/she will make a full payment after one week,” at the same place as Paragraph 1.

However, the defendant did not have any intention or ability to repay the borrowed money from the victim on the ground of Paragraph 1.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 9.3 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of each police statement regarding D;

1. Details of banking transactions;

1. The loan certificate;

1. G. G.