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(영문) 부산지방법원 2020.09.17 2020고단2072
사기
Text

A defendant shall be punished by imprisonment for seven months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

The defendant of "2020 Godan2072" is the relationship between the victim C's friendship B and about about 30 years.

On June 2019, the Defendant stated that “The Defendant would pay 1.2 million won per month to the victim through the Defendant’s Habman B,” and that “the Defendant would pay 20 million won per month if the Defendant lent 20 million won to the Defendant’s husband and wife’s husband and wife’s husband and wife’s husband and wife’s husband and wife.”

However, the Defendant’s wife did not have to marry, and the money received from the victim was thought to be used as personal debt repayment and business funds. However, the enemy of the newspaper distribution station operated by the Defendant was accumulated to put the Defendant into a bad credit standing position for the Defendant’s family members. The Defendant had a personal debt worth approximately KRW 60 million to the loan company, including approximately KRW 12 million, D, and E, and thus there was no intention or ability to pay the money for the agreed period even if he received money from the victim.

On July 31, 2019, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the F bank account (G) in the name of the Defendant, and acquired it by deceiving the victim.

On June 7, 2019, the Defendant stated that “I” office of “I” for the victim’s operation in Busan Shipping Daegu H, the Defendant paid KRW 5 million to the victim KRW 5 million with the amount to be examined at the J head office. If the Defendant borrowed money, he/she will repay the money later than three months.”

However, the Defendant, at the time, was liable for the debt of KRW 170 million to the lending company, etc. without any particular revenue, and the deficit of the newspaper distribution station operated by the Defendant was accumulated, and the Defendant’s family member was omitted. Even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the borrowed money to the victim within the due date.

The defendant deceivings the victim as such and belongs to it from the victim.

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