(영문) 부산지방법원 2015.07.22 2015고단875

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(영문) 부산지방법원 2015.07.22 2015고단875

사기등

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

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

Reasons

Punishment of the crime

On November 8, 2011, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for 8 months at the Busan District Court on the grounds of fraud, etc., and on May 4, 2012, the said judgment became final and conclusive.

[2015 Height875]

1. On March 10, 2009, the Defendant arranged the victim C to borrow KRW 50 million from D at an interest rate of KRW 2.5% per month. In fact, although the victim requested repayment of loan or increase of interest, the Defendant received money from the victim and received money from the victim to use it.

Therefore, on November 11, 2009, the Defendant made a false statement to the effect that “The Defendant may borrow money with the same interest rate as the previous interest rate if he/she has paid KRW 10 million to the victim with phone calls from the victim.”

The Defendant received KRW 10 million from the victim to the Japanese bank account in the name of E on the same day.

2. Around February 3, 2010, the Defendant: (a) stated that the said victim would repay the money borrowed from D; (b) that the said victim would have to receive the transfer of H ownership shares of the five parcels of land outside Ulsan-gu, Ulsan-gu; and (c) that one would transfer half of the shares if it invests KRW 40 million. The interest on the money borrowed from D is known to the extent that it is possible to repay the said money.”

However, even if the defendant transferred shares of the above real estate, he did not intend to transfer half of the shares to the victim.

The Defendant received 40 million won from the victim to the Japanese bank account in the name of E on the same day.

3. On March 17, 2010, the Defendant posted a telephone to the above victim, and stated that “The Defendant would transfer half of the shares in the land to be transferred if he borrowed five million won as the cost for the registration of the land transfer in five parcels, such as Ulsan-gun G, etc. is required.”

However, even if the defendant transfers the above shares of the real estate, he transfers half of the shares to the victim.

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