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(영문) 부산지방법원 2020.05.07 2019고단5934
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. On March 16, 2017, the criminal defendant against the victim B stated that "The defendant would return the principal to the victim B within two months from the two-month period if he/she reported that "I will return it within three months if I would return it to the victim B while I would like to pay the income to the insurance company's interest play. I would like to pay 10% interest from the 5% of each month. I would like to return the principal."

However, even if the defendant actually received money from the victim, he/she thought that he/she would use it as living expenses or child marriage expenses, etc. without financing insurance companies, etc., and even if he/she borrowed money from the victim due to no special revenue or property at the time, he/she did not have an intention or ability to pay interest at 5% per month or request the victim to repay it within three months.

As above, the Defendant, by deceiving the victim, received KRW 1 million from the E bank account (Account Number:F) in the name of the Defendant from the victim, and received from the victim, from that time until December 28, 2018, 76,76,200 through 66 times from the victim, as shown in the annexed Crime List (1) from December 28, 2018.

2. Around November 28, 2017, the Defendant against the victim G calls for the victim G to “a money to be lent to another person at a rapid level,” but considering that the Defendant’s statement in the police statement or the remittance amount is KRW 4 million, the above provision appears to be a clerical error in the statement of the police statement against G or the remittance amount, the Defendant corrected that it would be “4 million won.” On the other hand, the Defendant would pay back only once he/she borrowed money.”

However, even if the defendant borrowed money from the victim due to the lack of special revenue or property at the time, he did not have the intent or ability to pay the above money to the victim within one month.

As above, the Defendant deceivings the victim, and thereby, from the victim’s husband, KRW 4 million to the E bank account (Account Number: I) in the name of the Defendant’s husband.

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