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(영문) 부산지방법원 2017.09.27 2017고단3583
사기
Text

A defendant shall be punished by imprisonment for six 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. Around April 8, 2016, the Defendant made a false statement to the victim B, who is an elementary school, with phone call, that “If the Defendant lends three million won to the son’s business fund, he/she will complete payment within one to two months.”

However, the Defendant did not have any intent or ability to repay the loan amounting to approximately KRW 120 million from financial institutions, the obligation to borrow approximately KRW 65 million from the lender, and the obligation to pay credit card unpaid amount. However, even if the Defendant borrowed money from the damaged party due to the absence of a certain source of income, the Defendant did not have any intent or ability to pay the loan amount.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim, to the account in the name of C on the same day.

2. Fraud against victim D;

A. On August 4, 2016, the Defendant made a false statement that “Around August 4, 2016, the victim E, who is a member of the same mountain society, shall be allowed to walk a telephone, thereby lending KRW 4 million to the son’s business fund to repay the money.”

However, the Defendant did not have any intent or ability to repay money even if he/she borrowed money from the damaged party due to the aggravation of the financial situation like the statement in Paragraph 1.

The Defendant, as such, by deceiving the victim, received 4 million won from the victim, to the account in the name of C on the same day.

B. On August 12, 2016, the Defendant: (a) called a phone to the victim on August 12, 2016, and (b) made an investment in a casino by her husband-friendly Gu, 10% of the investment amount.

It is false that 7 million won enters the old unit and 4 million won should be loaned at a time. Thus, the former may make an investment of 3 million won in the first unit per week."

However, the defendant did not know the business to invest in money such as casino business, and there was no intention or ability to pay the principle of investment for the victim even if he received the investment from the injured party, because he did not know the business to invest in money such as casino business.

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