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(영문) 부산지방법원 서부지원 2019.05.30 2019고단63
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution in the Busan District Court Western Branch, which became final and conclusive on November 17, 2017.

1. Around 13:00 on May 7, 2017, the criminal defendant against the victim B made a false statement to the victim “D” entertainment tavern operated by the victim in Jeju-si, stating, “The victim will work as an employee from the day in Korea, and will lend KRW 5 million on the pretext of advance payment.”

However, even if the defendant received a prepaid payment from the victim, he did not intend to work as an employee in the above entertainment tavern.

As such, the Defendant, by deceiving the victim, obtained a cash of 3 million won from the victim as a prepaid deposit in the same place, and acquired it by fraud.

2. On May 10, 2017, the criminal defendant against the victim E made a false statement that “G” in the “G” entertainment drinking club operated by the victim in Jeju-si, stating that “the victim would work as an employee when the victim would pay advance payment.”

However, even if the defendant received a prepaid payment from the victim, he did not intend to work as an employee in the above entertainment tavern.

As such, the Defendant, by deceiving the victim, received 5,500,000 won from the victim to the Busan Bank Account (I) in the name of H as designated by the Defendant on the same day.

3. On May 11, 2017, the criminal defendant against the victim J made a false statement to the victim that “The victim would be able to immediately repay money because he/she would have received the advance payment after a week from the M entertainment tavern.”

However, the Defendant did not receive advance payment from MM entertainment tavern, and there was no intention or ability to pay such payment even if he borrowed money from the victim without any specific property.

The defendant deceivings the victim as such and borrowed money from the victim's position.

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