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(영문) 부산지방법원 2020.11.13 2020고단2165

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant made a false statement to the effect that “A apartment in the name of a construction company run by her husband is located in the first floor in Busan Shipping Daegu, and “C” sales store operated by her husband, and the victim D borrowed KRW 60,000,000,000,000,000 from juice sales store.” The Defendant borrowed it to the effect that “a construction company operated by her husband will repay it on April 23, 2015, which is six months after her lending.”

However, at the time, the Defendant was unable to pay the principal and interest of approximately KRW 900 million to financial institutions, etc., and the above apartment housing bank, etc. was established with the right to collateral security, and there was no actual value of collateral security, and even if the Defendant borrowed the above money from the victim, he thought that some of the above apartment housing was used to repay his personal debt, and the above juice sales store operated by himself was not able to pay the money to others properly, and there was no intention or ability to pay the borrowed money from the victim at once under the circumstances where there was no actual profit.

As such, the Defendant, by deceiving the victim, received money from the victim to the Busan Bank account in his own name on the same day, and acquired it as the borrowed money.

2. Around February 16, 2015, the Defendant made a false statement to the effect that “The Defendant did not pay medical insurance fees due to the difficulty of the construction company’s financial situation, which operates south, and thus, borrowed KRW 30 million immediately.” at the place indicated in paragraph (1).

However, in fact, the defendant did not have the intention or ability to repay the borrowed money from time to time to the victim in the situation like Paragraph 1 at the time.

On the same day from the victim, the Defendant, by deceiving the victim as such, wired the sum of KRW 18 million to the Busan Bank account under his own name, and KRW 9 million to the same account around February 17, 2015, and acquired it by deceiving the victim.

3. The Defendant, around April 24, 2015, Paragraph 1.