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(영문) 부산지방법원 동부지원 2017.07.13 2017고단1089

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On November 30, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Dong Branch of the Busan District Court on July 4, 2017, and the judgment became final and conclusive on July 3, 2017.

[Criminal facts]

1. Around December 2011, the Defendant made a false statement to the victim D, stating that “Around August 2012, 2012, the Defendant would lend money to the victim D.”

However, at that time, the Defendant was in bad credit standing in which he bears the personal debt of 00 million won without any particular property. All of the wages that he worked at an entertainment store was used for the repayment of other debt, and even if he was paid the fraternity, he did not have an intention or ability to pay the money as promised to be used for the repayment of other debt.

As above, the defendant deceivings the victim as above and obtained cash 25 million won from the victim as the loan money on the same day and acquired it by deceit.

2. On April 2013, the Defendant made a false statement to the said victim, “The said victim entered the E amusement station located in Seo-gu, Gwangju, stating that “The said victim would have been divided into KRW 10 old accounts, but paid KRW 2 million per month in 1 old accounts and paid KRW 20 million per month in 20 million per old unit, and would operate a friendship number system in which KRW 20 million is paid to the fraternity.”

However, at that time, the Defendant was in bad credit standing in which he bears the personal debt of 00 million won without any particular property, and all wages that he worked at the E amusement shop were used for the repayment of other debt, etc. Furthermore, given that he was in a situation where he was personally useful for the money kept in custody with the drinking value of the E amusement shop, he did not have the intent and ability to pay the money normally to the members of the fraternity even if he received the payment of the money for the fraternity.

The defendant deceivings the victim as above and belongs to it.