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(영문) 부산지방법원 2019.08.13 2018고단4663

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was unable to repay approximately KRW 70 million to the lending company due to his/her failure to repay the loan to the lending company, and was suffering from gambling addiction, such as: nine times from March 18, 2017 to February 27, 2018, three times in China, three times in Hong Kong, and one time in Hong Kong, and having a casino gambling.

1. On March 1, 2018, the Defendant: (a) contacted the victim C through D Language E around 21:00 on March 1, 2018 from Makao to B; (b) “B has paid 90% of the selling price by selling two Ftel debentures in the name of an international city; and (c) G bank has a trust deposit in an amount equivalent to KRW 500 million. If the Defendant borrowed KRW 200 million, he/she may terminate the above trust account and pay money within five days; and (d) the Defendant said that the Defendant sent KRW 180,000,000,000,000,000, excluding KRW 200,000,000.”

However, in fact, the above trust account is the account under the name of the defendant, and the defendant did not voluntarily terminate the above account, or did not have the right to withdraw the trust money, and the defendant thought that two debentures of officetels provided as security to the victim, in the absence of gambling addiction, were provided as security to other credit service providers, and there was no intention or ability to repay the above within five days even if the borrowed money was received from the victim.

Accordingly, the Defendant deceiving the victim and let the victim transfer the amount of KRW 180 million to the H bank account in the name of the Defendant’s name at around 21:35 on the same day. Around that time, the Defendant received casino chips equivalent to the above money from B.

2. On March 4, 2018, the Defendant: (a) provided the victim only at the I hotel located in Mar. 3, 2018, and (b) KRW 180,000,000 borrowed from the I hotel located in Mar. 3, 2018 as collateral for Busan Gangseo-gu Ftel Jho and K; and (c) on March 5, 2018, deposited in the said account by terminating the specific money trust account (Account Number: L) of G Bank on March 5, 2018.