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(영문) 부산지방법원 동부지원 2017.07.13 2017고단490

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 27, 2001, the Defendant made a false statement that “A victim C is conducting a business with a credit card payment and a fee to be paid on behalf of the customers in Korea, and an amount equivalent to 6-10% of the principal of the investment shall be paid on a monthly basis, and the principal shall also be returned, if an investment is made in this business.”

However, the defendant had no intention or ability to pay the proceeds or principal to the victim as agreed by the victim because the defendant had already been engaged in the above business to the extent of 130 million won in total.

The Defendant, as above, was delivered KRW 62,478,00 in total over 10 times from the time of deceiving the victim and receiving KRW 10,000 from the victim in cash on the same day, from November 16 of the same year.

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

"2017 Highest 764"

1. On September 21, 2001, the Defendant: (a) in a car page in which the name next to the E Bank located in Jung-gu Seoul, Jung-gu, Seoul, could not be known; (b) in the victim F, the Defendant: (c) borrowed the money in short of the capital of the current E Bank; (d) would have 15% or 20% of the principal interest on the loan; and (e) would have paid the principal within two months.

The phrase “ makes a false statement.”

However, the defendant had no intention or ability to pay the debt incurred by the business at the time, even if he/she borrowed money from the injured party, and he/she had no intention or ability to pay the debt normally.

Nevertheless, the Defendant, as such, by deceiving the victim, received a delivery of KRW 5.5 million in cash and KRW 4.5 million in the bank account under the name of the Defendant, from the damaged party, for the purpose of borrowing money.

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

2. The Defendant around October 23, 2001, at the same place as above and at the victim’s time, “the bond business capital is insufficient.”