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(영문) 부산지방법원 2016.05.18 2015고단6149
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 21, 2013, the defrauded concluded on November 21, 2013 to the effect that “Around November 201, 2013, the Defendant borrowed 10 million won as the need for money to the victim C, and would make reimbursement if the Defendant talks with the victim C at any time before a month.”

However, the defendant had no intention or ability to pay money even if he borrowed money from the injured party because he had borne approximately KRW 40 million at the time.

The defendant deceivings the victim as above, and was transferred to the MG Saemaul Saemaul Cooperative Account (Account Number: E) in the name of D on November 21, 2013 from the victim on the same day from November 21, 2013.

2. On May 9, 2014, the defrauded concluded on May 8, 2014 to the effect that “the Defendant, at an influent place, borrowed KRW 20 million as money is necessary to start a new opening business,” to the victim C at a new place.

However, in fact, the Defendant was liable for the obligation of approximately KRW 80 million at the time, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party because the income of the marina business that was newly opened was uncertain.

The defendant deceivings the victim as above and was transferred 20 million won to the MG Saemaul Community Fund account (Account Number: G) in the name of F on or around May 9, 2014 from the victim who was affiliated with it as above.

3. On May 23, 2014, the defrauded concluded a false statement to the effect that “the Defendant would lend money to the victim C as it is necessary to start a new opening of a spawn store,” at a spawn place on May 23, 2014.”

However, in fact, the Defendant was liable for the obligation of approximately KRW 80 million at the time, and even if he borrowed money from the injured party, there was no intention or ability to repay the money, since there was no uncertainty about the income from the operation of the marina business that was going to start a new business.

The defendant deceivings the victim as above, and thereby deceivings the victim.

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