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(영문) 부산지방법원 서부지원 2019.09.19 2018고단1703
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Fraud;

A. A. On May 7, 2017, the Defendant stated that “The Defendant borrowed the bonds to be repaid in lieu of the payment of credit cards with the Defendant,” and that “I would like to pay the principal within three months after paying interest if I would like to have borrowed the money to be repaid in lieu of the payment of credit cards with the Defendant.” However, the Defendant thought that I would use the money as gambling funds instead of the payment of credit cards with the Defendant, and did not have the intent or ability to pay the money within three months. The Defendant, by deceiving the victim, received KRW 3 million from the Defendant’s account with the Defendant on the same day, and then received KRW 3 million from the Defendant’s mobile phone account with the Defendant on August 14, 2017, and then, the Defendant acquired the money under the name of the Defendant’s mobile phone agent with KRW 300,000,000,000,000,0000 from August 7, 2017.

However, in fact, it was thought that money created by selling a mobile phone was used as gambling fund, and there was no intention or ability to pay mobile phone charges and terminal bills according to the promise.

The Defendant had the victim open the phone 71 unit (G) in the name of the victim on the same day, and received it, and acquired the pecuniary benefits equivalent to KRW 1,207,30 from that time to July 14, 2017, as shown in the separate crime list (2), and acquired the pecuniary benefits equivalent to KRW 4,853,608 in total on four occasions from that time.

B. The Defendant, at around 15:40 on June 13, 2017, committed fraud against the Victim H, is the E Bank I located in Kimhae-si.

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