(영문) 부산지방법원 동부지원 2013.09.24 2013고단2298

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(영문) 부산지방법원 동부지원 2013.09.24 2013고단2298

사기

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2010, the criminal defendant against the victim C told the victim C to pay interest at KRW 10 million per month when he/she lends money to D in which he/she intends to play money and to perform bond-related games to the victim C at an influent place.

However, in fact, the Defendant had already been in the position of opening the bond business, and was thought to use the money borrowed from the victim to repay the debt rather than the bond business. At the time, the Defendant had repeated circulation such as paying the debt amounting to 5.6 billion won in the form of return, so even if he borrowed money from the victim, there was no intention or ability to pay the debt amount.

On March 13, 2010, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the bank account under the name of the Defendant on March 13, 2010, and acquired it by deceiving KRW 93 million through a total of eight times from around that time to April 1, 2010, as shown in the attached list of crimes.

2. On February 2010, the criminal defendant against the victim E made a false statement that “If he/she borrowed KRW 30 million to take over the “H point operated by the family-friendly C” at the G coffee shop located in Busan Shipping Daegu F, he/she would receive the head of the family and receive the premium and return it to sell and pay the principal and interest.”

However, as at the time, the Defendant was liable to pay 80 million won or more to the victim, I, etc., and there was no particular revenue or property, and there was no possibility of disposing of the above amount more than the money invested, so even if he borrowed money from the victim, there was no intention or ability to pay it.

On March 12, 2010, the defendant received 30 million won from the victim to the bank account in the name of the defendant under the name of the defendant for the purpose of borrowing money and acquired it by money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C and E.

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