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(영문) 부산지방법원 2020.09.17 2020고단2293
사기
Text

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. Around January 18, 2018, the Defendant, against the victim B, made a false statement to the effect that “If the Defendant leased KRW 7 million, as a result of the need for funds in connection with the marriage information company, he/she would return the funds after receiving profits from the marriage information company.”

However, the Defendant was thought to use the money to be received from the victim for the Internet gambling-related funds, rather than the funds related to marriage information companies. Since the Defendant was in a state of debt, such as lending companies and overdue card payments without any particular property at the time, the Defendant did not have any intent or ability to repay the money even if he/she borrowed money from the victim, even if he/she did not have any intent or ability to repay it.

On January 18, 2018, the Defendant, as seen above, received KRW 6 million from the victim to the account in the name of C designated by the Defendant on January 18, 2018 and received KRW 72,30 million in total from the victim until May 24, 2018, as indicated in attached Table 1, as well as from that time, the Defendant received KRW 19 million in total from the victim.

2. On January 25, 2018, the Defendant made a false statement to the effect that “If he/she lends money to the victim in connection with the marriage information company, he/she will receive the profit from the marriage information company and repay the money after the month.”

However, as stated in Paragraph 1, the Defendant did not have any intention or ability to complete the payment even if he borrowed money from the victim.

On January 25, 2018, the Defendant, as seen above, received KRW 6 million from the victim to the account in the name of E designated by the Defendant around January 25, 2018, and received KRW 17.4 million in total from the victim seven times from that time to February 7, 2018, as indicated in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement report on B and D shall be the complainant.

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