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(영문) 부산지방법원 2019.01.30 2018고단4908

사기

Text

1. The defendant shall be punished by imprisonment for two years;

2. An application for remedy by an applicant for compensation shall be dismissed;

The purpose of the application for compensation.

Reasons

Punishment of the crime

1. On August 20, 2015, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the sentence on April 30, 2018.

2. Criminal facts;

가. 피해자 B에 대한 사기 피고인은 2018. 7. 초순경 부산 동래구 C에 있는 ‘D’ 나이트클럽에서 알게 된 피해자 B(여, 당시 45세)에게 자신이 E의 인사팀장으로 아내와 사별하여 혼자 지내고 있는데 그 동안 벌어놓은 수익과 퇴직금 등이 합계 30억 원 정도에 이른다고 거짓말하여 피해자의 환심을 샀다.

(1) On July 24, 2018, the Defendant stated to the effect that “G” located in F of the Busan Central Organization, “G,” stating, “The Defendant cannot open the mobile phone in the name of the Defendant by lending the name of the Defendant to the Defendant and the seat of the mobile phone.” As such, the Defendant said, “The Defendant would have paid off the mobile phone if he opened the mobile phone in the name of the party.”

However, the defendant did not work in E, and there was no particular property or revenue source, and even if he opens a mobile phone in the name of the victim, there was no intention or ability to pay the price.

Nevertheless, the Defendant, as above, made the victim feel false, and caused the victim to open the Samsung Tallon S(S)9’s cell phone in the name of the victim, which is equivalent to KRW 1,105,600, in the name of the victim, to use the cell phone, thereby causing a charge equivalent to KRW 76,150,00.

Accordingly, the defendant, by deceiving the victim, acquired a total amount of 1,181,750 won property interest.

(2) On July 24, 2018, the Defendant filed an application with the victim for H of KRW 100 million (10 million) even if the credit card was used in excess of the credit card limit used by the Defendant. 3rd day, the credit card limit may be carried over and used. However, if the Defendant would allow the Defendant to use the Party I, then the price shall be paid not later than 25 days prior to the settlement date.

However, the Defendant’s particular property or income sources as above.