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(영문) 부산지방법원 2014.11.26 2014고단7959
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to a suspended sentence of six months for fraud at the Busan District Court, and the above judgment became final and conclusive around that time.

1. Fraud against the victim C;

A. A. On March 2008, the Defendant told the victim C to “I am a good length to believe that I am a food, and to take measures for old age,” which was operated by the Defendant located in the Busan Young-gu D Building 101-1506, the Defendant: “I am a large amount of money if there is surplus money.”

However, in fact, the Defendant did not have any property or income, and was in a state of insufficient operation at the time, and was in mind of having been used as her husband, hospital expenses, etc., so there was no intention or ability to pay the money to the victim.

The Defendant, as above, by deceiving the victim, received KRW 10 million from the victim around March 30, 2008.

B. Around December 4, 2009, the Defendant stated that “I would immediately repay money to the victim if the money is urgently lent to the victim.”

However, in fact, the Defendant did not have any economic condition due to husband’s hospital expenses, etc., and was trying to use the money borrowed from another person in return, so there was no intention or ability to repay the money even if he borrowed the money from the victim.

As above, the Defendant, by deceiving the victim as above, received five million won from the victim, namely, from his seat, and around August 15, 2010, five million won around September 24, 2010, five million won around September 24, 2010, and four million won in indictment around December 30, 2010, appears to be a clerical error in the amount of four million won.

(2) Of the two books of evidence, the total sum of 19 million won was issued on four occasions, such as a.

2. Around July 2009, the Defendant against the victim F subscribed to the Victim F in the above Emi room, hereinafter referred to as the “victim F,” and subscribed to the 21st bid bid amount under one’s own name, thereby allowing the Victim F to receive KRW 11.5 million.

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