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(영문) 부산지방법원 2014.09.19 2013고단9544
사기
Text

A defendant shall be punished by imprisonment for six 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

1. Around 11:00 on May 15, 2012, the Defendant made a false statement to the effect that “The Defendant shall repay the Victim D’s D’s office located in the Geum-gu Busan Metropolitan Government, with the victim’s “I wish to repay the victim with the loan of one million won only on a sudden basis.”

However, at the time, the defendant had no intention or ability to pay the money borrowed from the victim because the defendant was a bad credit holder who was a financial institution's debt amounting to KRW 150 million and the F cafeteria operated by the defendant was operated by the enemy.

The Defendant, as above, by deceiving the victim, received KRW 1 million from the victim under the name of G to the national bank account in the name of G.

2. Around 13:00 on February 21, 2012, the Defendant made a false statement to the above E office stating that “A card should be prevented, and a credit card shall be lent to the above victim, if it is lent to the extent that it is more than three million won, and shall be repaid thereafter.”

However, at the time, the defendant had no intention or ability to pay the money borrowed from the victim because the defendant was a bad credit holder who was a financial institution's debt amounting to KRW 150 million and the F cafeteria operated by the defendant was operated by the enemy.

The Defendant, as above, by deceiving the victim, received KRW 3 million from the victim to the national bank account in G in the name of G, under the pretext of borrowing money.

3. Around 16:00 on December 2, 2016, the Defendant made a false statement to the F cafeteria operated by the Defendant, “F cafeteria,” stating, “The Defendant, at the F cafeteria operated by the Defendant, that the said victim would sell the F cafeteria and repay the money to the Defendant.”

However, at the time of the fact, the defendant was a bad credit holder, and the defendant did not have any intention or ability to pay the money borrowed from the victim even if he/she disposed of the above F cafeteria as the defendant's office building and the F cafeteria operated by the defendant was in the name of the defendant.

The Defendant, as above, by deceiving the victim as above, was given KRW 16 million from the victim, namely, in the name of the borrowed money.

Summary of Evidence

1. The defendant;

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