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(영문) 부산지방법원 2016.08.26 2016고단2697
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant is currently insufficient to pay the amount to the victim B, who is a high school, in front of the legal village that is located in the Busan Dongdong-gu, Busan, to the victim B, who is a senior high school, to be supplied with materials in his/her own country.

Next, the Plaintiff borrowed KRW 55 million from the Plaintiff to the Plaintiff on September 25, 2015, with a false statement to the effect that he/she would have repaid the Plaintiff, which reads that he/she would have repaid the Plaintiff’s phone on September 25, 2015.

However, in fact, the Defendant became a bad credit holder due to business failure on June 201, and even if there was no plan to receive materials or receive money from the materials at the time, it was thought that it was used for personal purposes, and there was no intention or ability to pay money to the victim.

Nevertheless, on September 25, 2015, the Defendant, by deceiving the victim as above, obtained KRW 56 million from the victim to the Saemaul Treasury account (Account Number D) in the name of C around September 25, 2015 and acquired it by defrauded.

2. On November 18, 2015, the Defendant concluded that “In front of the building of the creative innovation center in Busan metropolitan Daegu, the Defendant lent KRW 4,500,000 to the public officials in charge of the Ulsan District Office of Education who should contact with the public officials in charge of the construction order to the public officials in charge of the Ulsan District Office of Education. By November 2015, the Defendant would complete payment until the end of the period.”

However, even if the defendant borrowed money from the damaged person, as described in paragraph 1, he thought that he would use it for personal purposes such as living expenses, etc., and did not think that he had to contact public officials in charge of the Ulsan District Office of Education.

Nevertheless, the defendant deceiving the victim as above and delivered a cash of one million won on the same day from the victim, and he acquired 3.5 million won in total from the Busan Bank account (Account Number F) in the name of the defendant E, and acquired 4.5 million won in total by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. B.

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