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(영문) 부산지방법원 2015.06.05 2014고단9949

사기

Text

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

except that 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

The Defendant started gambling from July 201 to August 201, and began with gambling from the point of view of being short of funds to be used for gambling, and the victims borrowed money from the place of use to use it for gambling.

1. On January 2012, the criminal defendant against the victim C made a false statement to the effect that “A victim C play money against D merchants, which he/she received as interest, would return the principal by paying 8% interest per month on the money if he/she borrows money.”

However, in fact, the Defendant thought that all of the money borrowed from the victim was used for gambling due to the above circumstances, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Around January 30, 2012, the Defendant, by deceiving the victim, received KRW 2 million from the victim as the borrowed loan account in the name of the Defendant, as well as from January 3, 2012 to September 15, 2012, the Defendant received a total of KRW 150,000,000 from the victim or obtained the remittance of money from the victim to the flood bank account in the name of the Defendant.

2. Around June 2012, the defrauded of the Victim E made a false statement to the effect that “The Victim E is running a distribution business on a large scale, and the settlement amount is insufficient. If the money is lent, the principal and interest shall be paid two to three months after the two to three months.”

However, in fact, the Defendant thought that all of the money borrowed from the victim was used for gambling due to the above circumstances, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Around June 29, 2012, the Defendant, by deceiving the victim, received a transfer of KRW 9 million to the Suhyup Bank account in the name of the Defendant.