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(영문) 부산지방법원 2014.01.15 2013고단6184
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 22, 2011, the Defendant made a false statement to the effect that “The Defendant would have a victim with money in which he/she uses his/her office and pay the victim if he/she borrowed money to him/her for an urgent need for money,” at the victim’s residence of the 501 victims C building 5.

However, there is no fact that the defendant was operated by the office, and even if he borrowed money, he did not have the intention or ability to repay.

The Defendant, as above, was accused of the victim and was given KRW 3,500,000 from the victim’s seat.

2. Around May 12, 2011, the Defendant made a false statement to the effect that “The Defendant would receive a loan from the victim to promote pc-related business and will repay the principal and interest on a monthly basis if he/she borrowed the loan.”

However, the defendant had no other capital or property, except for the money borrowed from the victim, and there was no intention or ability to repay the loan as above.

The Defendant, by deceiving the victim as above, received KRW 5,00,000 on the same day from the victim to the bank account under the name of the Defendant, and received KRW 25,00,000 on the 13th of the same month following the following day, and received remittance of KRW 5,00,000 on the 14th of the same month.

As above, the Defendant, by deceiving the victim, received a total of KRW 35,000,000 on three occasions.

3. Around May 21, 2011, the Defendant made a false statement to the effect that “a business is well progress. There is no food expenses and oil value at present, and would be repaid as if he/she borrowed money.”

However, the fact that the defendant did not start the above business and was in short of living expenses, and even if the defendant received money from the victim, he did not have the intention or ability to pay the money.

The defendant deceivings the victim as above, and 500,000 won from the victim under the pretext of oil value, etc., under the name of the defendant.

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