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(영문) 부산지방법원 2016.10.19 2016고단4008

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 2015, the Defendant visited the victim by using the name of the Defendant in the Seocho-gu Busan Metropolitan City x B apartment x Hoho-gu x Ho-gu x Ho-gu x x c's residence to the effect that the Defendant “I would go to go to the king, and the body of the party would go to the king.” After having accessed the victim, the Defendant received money from the victim and used it for personal use by using the Defendant’s friendly ties because he could not know the name of the Defendant accompanying the Busan Dong-dong.

1. On December 31, 2015, the Defendant committed the crime of December 31, 2015, the Defendant stated that “A child’s birth is required to reach an agreement due to a traffic accident by which he or she was unable to know the above name” to the victim in Section 31, which read that “A child’s birth is required to receive the loan from the party and the money is lent.”

However, in fact, there was no fact that the said “child” was a dead body, and there was no fact that the said traffic accident occurred. The Defendant, from the beginning, received money from the victim from the victim and thought to be used individually, did not have the intention or ability to use it for the agreed amount of the traffic accident

The Defendant, by deceiving the victim as above, had the victim borrow 30 million won from BNK Capital on the same day, and received full remittance from the account in the name of D.

2. On January 6, 2016, the Defendant committed the crime of January 6, 2016, at the same place as above, stated that “A victim of a traffic accident caused by his/her birth is a plant, and the agreement amount is additionally required, so that it is lent to him/her.”

However, in fact, there was no fact that the said “child” was a dead body, and there was no fact that the said traffic accident occurred. The Defendant, from the beginning, received money from the victim from the victim and thought to be used individually, did not have the intention or ability to use it for the agreed amount of the traffic accident

The defendant deceivings the victim as above and causes the victim to do so on the same day.