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(영문) 부산지방법원서부지원 2020.10.30 2020고단890
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2018, the Defendant: (a) at the office located in the office located in the Busan Metropolitan City, Seodong-gu, Busan; (b) stated, the Defendant: (c) purchased a vehicle with a loan from the victim B to pay the proceeds of the vehicle with the proceeds of the purchase of the vehicle, and then borrowed the vehicle with the proceeds of the purchase.

However, even if the Defendant borrowed money from the victim, it was thought that he would use the said money for debt repayment or living expenses to another person, and it was not good for the economic situation, such as the Defendant to pay the money borrowed from the other person, not only KRW 15 million, but also KRW 15 million, so there was no intention or ability to pay the money borrowed from the victim.

Around April 11, 2018, the Defendant received KRW 15 million from the victim to the bank account in the name of the Defendant, and in the same way, received money from the victim to the bank account in the same manner, around May 1, 2018.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

2. On October 2018, the Defendant stated that “If the Defendant borrowed money to the victim for the purchase of heavy and high-speed cars, the Defendant would pay back the money borrowed after selling the money.”

However, even if the Defendant borrowed money from the victim, it was thought that he would use the said money for debt repayment or living expenses to another person, and it was not good for the economic situation, such as the Defendant to pay the money borrowed from the other person, not only KRW 15 million, but also KRW 15 million, so there was no intention or ability to pay the money borrowed from the victim.

around October 25, 2018, the Defendant received KRW 5 million from the victim to the bank account in the name of the Defendant.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C.

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