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(영문) 부산지방법원 서부지원 2020.01.16 2018고단2240
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From January 2016, the Defendant was well aware of the fact that, upon the Defendant’s request, the Defendant was unable to receive the payment of the principal and interest at the time of B’s offering cash or credit card from the Defendant’s wife and receiving the payment thereof. From May 2017, the Defendant was not able to receive the payment of the principal and interest at the time of B’s offering of a loan with interest higher than that of the existing debt, and even if the financial situation gets worse and lending the money to B, it is impossible to receive the payment of the money properly.

1. On December 7, 2017, in order to raise money to be lent to the Defendant’s operation “D” located in the north-gu Busan Metropolitan City, Busan, on or around December 7, 2017, the Defendant concealed the above facts and made a false statement to the effect that “A victim E has a large amount of profit instead of paying taxes by ascertaining the ways to operate a business and pay taxes.” Therefore, a large amount of interest may be given to the lender of money. If the lending of money exceeds KRW 30,000,000,000,000 monthly interest would be paid. If the lending period is uncertain for six months, the Defendant would be lent for three months only if the principal is repaid for three months.”

As above, the Defendant, by deceiving the victim, received KRW 30 million from the Defendant’s agricultural bank account on the same day from the victim, and acquired it by deception.

2. On April 9, 2018, in order to raise money to be lent to B at the same place as Paragraph 1, around April 9, 2018, the Defendant made a false statement to the effect that “B, which gives 1,000,000 won interest per month, shall be added to the above victim. If 3,40,000 won is added, the Defendant calculated 1,000 won per month interest, and 4,00,000 won shall be added to 6 months thereafter.”

The Defendant, by deceiving the victim as above, received KRW 3.4 million from the Defendant’s agricultural bank account on the same day from the victim, and acquired it by fraud.

Summary of Evidence

1. Part of the defendant;

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