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(영문) 부산지방법원 서부지원 2018.01.17 2017고단1642
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2014, the criminal defendant against the victim C shall pay the victim the amount that he/she would have purchased in installments from the mobile phone sales store located in Busan Northern-gu, with the victim’s mobile phone sales store.

The loan made a false statement to "I will pay a full payment with each payment of money."

However, at the time, the Defendant had to bear the amount of KRW 60 million and was difficult to bear the interest on the bonds of each month, and the amount borrowed from the injured party was also planned to use the borrowed amount to repay the principal and interest of the bonds, so there was no intention or ability to repay the borrowed amount even if it was borrowed from the injured party.

In addition, the defendant deceiving the victim as above and transferred KRW 10 million to the Agricultural Cooperative Account under the name of the defendant for the same day from the victim as the loan money from the victim, from that time, such year as from that time;

9. Until January 1, 200, a total of KRW 25,998,00 was remitted in total four times as the loan amount as shown in attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 21, 2016, the Defendant made a false statement to the victim E by calls from the victim E in a situation where he/she was unable to pay his/her tuition fees to the victim E, and “If his/her wife is going to study at the present time, he/she would have to pay his/her money to him/her in full if he/she borrowed money from the dormitory.”

However, in fact, the Defendant did not need the registration fee of his wife, but did so to raise the money to pay his personal debt. Since the Defendant had been in excess of his liability as stated in paragraph 1, there was no intention or ability to repay the money even if the Defendant borrowed the money from the injured party.

The defendant deceiving the victim as above and received 6 million won from the victim on the same day to the Agricultural Cooperative Account in the name of the defendant on the same day, from that day, from that day.

9.21.

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