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(영문) 부산지방법원 2020.05.22 2019고단6443
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On August 2018, the Defendant made a false statement to the effect that “I will pay money to the victim B while making an accident with their own consciousness, and I will pay it in full if I lend KRW 20 million to 20 million.”

However, in fact, the defendant was thought to prevent the defendant from returning other debts with the money borrowed from the victim, and there was no special property or fixed income, and because there was no excessive obligation, there was no intention or ability to repay the money even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Cbank account (Account Number: D) in the name of the Defendant, KRW 10 million on August 8, 2018, and KRW 20 million on August 9, 2018, in total, KRW 10 million on August 9, 2018.

Around August 28, 2018, the Defendant stated that “Around August 28, 2018, the Defendant would pay money to the Defendant and pay back the money to the Prosecutor if he/she borrowed KRW 15 million from the public prosecutor who was in charge of the criminal case and would be bound by the public prosecutor in charge.”

However, there was no circumstance that the defendant's son could pay a fine or be detained in a criminal case. The defendant's son was thought to return his/her other debt by borrowing money from the victim, and there was no special property or fixed income, and there was no intention or ability to repay the debt even if he/she borrowed money from the victim.

As such, the Defendant, by deceiving the victim and deceiving it from the victim, wired the amount of KRW 15 million to the Cbank account (Account Number: G) in the name of the Defendant on the same day, and acquired it from the victim to October 2018.

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