(영문) 부산지방법원 2019.11.26 2019고단1951

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(영문) 부산지방법원 2019.11.26 2019고단1951

사기

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A defendant shall be punished by imprisonment for one year.

The defendant pays 20,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. On March 2017, the Defendant made a false statement to the victim B, who is a relative of his/her native in the Dong-dong, Busan, Dong-dong, stating that “Apony requires KRW 50 million with a deposit for lease, if he/she lends money, he/she shall be the lessee at the time of making a lease contract. Apony shall be the lessee at the latest, and KRW 50 million shall be repaid within one year at the latest, and if he/she fails to make a payment within one year, he/she shall give him/her a delivery.”

However, in fact, the defendant did not have any intention to enter into a lease contract in the name of the victim, or to transfer it to the victim, and there was no property owned without the intention to transfer it, and even if he borrowed money from the victim due to bad credit standing, there was no intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and is therefore subject to the same year as the borrowed money from the victim.

4. Around 21.21. Around the same month, KRW 45 million and KRW 5 million on the 22.2.2. of the same month were deposited in the bank account in the name of the defendant and acquired by deception.

2. On June 2017, the Defendant made a false statement that “If the Defendant borrowed KRW 20 million as the construction cost is insufficient due to the lack of the meatian construction cost, he/she would complete payment on or after the second month.”

However, in fact, the defendant did not have any property owned by the defendant, and did not have any intent or ability to repay the income even if he borrowed money from the victim due to the bad credit standing and bad credit standing.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of KRW 20 million from the victim to the bank account in the name of the defendant in the name of the bank on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;

1. Submission of materials, etc.;

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