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(영문) 부산지방법원서부지원 2020.10.08 2019고단998
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2019 Man-Ma998] On May 8, 2018, the Defendant stated that “A department store located in Busan Jung-gu, Busan, would be paid back only one month if he/she borrowed 30 million won to customers, with well-known funeral services that he/she should place an order for the return of the return.”

However, in fact, the Defendant had no particular property at the time and was difficult to operate, and there was a circumstance in which the Defendant borrowed money from the victim due to a large amount of credit debts and other debt owed to the fishery products supplier and should not be returned to the previous obligation. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.

Nevertheless, the Defendant transferred from the victim the amount of KRW 5 million on May 8, 2018, KRW 30 million on May 9, 2018, KRW 300 million on May 9, 2018, KRW 20 million on May 10, 2018, and KRW 30 million on May 10, 2018, to the Busan Bank Account (F) in the name of the Defendant E’s father.

[2019 Highest 1296] Around March 2015, the Defendant introduced a person who borrowed money from G, a branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch

1. Around March 24, 2015, the Defendant stated that “3 million won is required,” to the victim, from Jdaa located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, that “Around March 24, 2015, the Defendant shall be paid with two copies of interest per week.”

However, the defendant did not have the intent and ability to pay money even if he received money from the victim because he had a debt exceeding a total of KRW 100 million from many creditors at the time.

As above, the Defendant, by deceiving the victim, received KRW 1 million in cash from the victim on the same day, and around March 25, 2015, KRW 2 million in cash, and KRW 3 million in total from the Jda bank around March 25, 2015.

2. The Defendant committed the crime in March 25, 2015, at the Jdade Bank as set forth in the foregoing paragraph 1 around March 25, 2015, and as set forth in the foregoing paragraph 1, two million won from the victim.

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