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(영문) 부산지방법원 2013.10.16 2012고단7111
사기
Text

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

Reasons

Punishment of the crime

1. Crimes of fraud against victim B;

A. On March 29, 2010, at the issue of “D” located in Busan, the Defendant: (a) false statement to the effect that “I will not have the intent or ability to repay the money even if I borrowed money from the victim; and (b) I would like to use the money to repay other bonds of the Defendant; and (c) I would like to obtain the victim a total sum of KRW 6 million from the victim by receiving the money from the victim through the same method on June 8, 2010 and receiving KRW 10 million from the victim and remitting KRW 19 million from the victim by means of the same method on August 26, 2010 and remitting KRW 40,000 from the victim to the sum of KRW 190,000,000 from the victim when I would have to pay the money due to lack of business funds; and (d) if I would have borrowed money, I would have to pay the money to the victim at any time.

B. On June 15, 2011, at the issue of “D” located in Busan, Busan, the fact stated that “D” means not only the victim’s intent or ability to repay the money, but also the amount borrowed from the victim was to be used to repay another bond of the defendant. However, although the victim was thought to be used to repay another bond, the victim’s false statement stating that “Issss money hospital expenses are urgently needed, Is money will be repaid within one week, and the money will be repaid within one week,” the victim received KRW 1,50,000 from the victim and acquired the money by defrauded.

C. On August 24, 2011, within the victim's stores in Busan, the victim's shop side, and the fact is without any intent or ability to pay the money even if he borrows money from the victim, and the money borrowed from the victim was to be used to repay another bond of the defendant, despite that the victim was thought to be used to repay another bond, it is immediately lending one million won to the victim when it is necessary to pay the expenses for the repayment of the bond.

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