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(영문) 부산지방법원 2019.09.18 2019고단172
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2019 Highest 172]

1. On October 22, 1996, the Defendant made a false statement to the victim D on October 22, 1996, stating that “The Defendant will use only 5 million won and make a repayment for the loan to the victim D at the amendment Dong branch of the CUnion located in Busan Dong-gu, Busan.”

However, the defendant did not have any specific property or income at the time, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 4 million from the victim on the same day under the pretext of borrowing money.

2. On October 25, 1996, the Defendant, on October 25, 1996, made a false statement to the effect that “The Defendant, on October 25, 1996, entered into a house contract with the victim at a mutually unsound store for the management of the victim located in the Busan Dong-gu, Busan, stating that “The Defendant would pay the balance.” If the Defendant borrowed KRW 3 million to pay the balance, the Defendant would first borrow money.”

However, the defendant did not have any specific property or income at the time, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim, was given KRW 3 million on the same day under the pretext of borrowing money from the victim.

3. On January 30, 1997, the defendant committed the crime of January 30, 1997, in the mutual incompetence of the victim's operation, the victim suffered 30 million won from the deposit of the restaurant operated by the victim "in the victim," but it is possible to withdraw and lend the money deposited in the same way as the loan borrowed prior to the receipt of the deposit.

The term "the expression was false."

However, the defendant did not have any specific property or income at the time, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 11 million on the same day under the pretext of borrowing money from the victim.

[2019 order 2204] Defendant F. of Busan Dong-gu around March 3, 1997.

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