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(영문) 부산지방법원 2019.02.13 2018고단1440
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2017, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Busan District Court. The same year

2. 1. The above judgment became final and conclusive.

[2018 Highest 1440]

1. On June 3, 2016, the Defendant: (a) around June 3, 2016, at the “C” coffee shop located in Busan B, Busan, the Defendant requested the victim D to perform a window dressing construction on the first floor of the Nam-gu E commercial building in Busan.

However, there was no intention or ability to complete the construction even if the Defendant received the construction payment from the victim because the Defendant had been in a bad credit position at that time and had a debt equivalent to KRW 100 million without any fixed income or property, and was thought to use the construction payment received from the victim as debt repayment and living expenses.

The Defendant, by deceiving the victim as above, was given KRW 24 million as the price for construction on the same day by the victim.

2. On June 8, 2016, the Defendant, who committed the crime of June 8, 2016, made a false statement to the said victim, stating that “Around June 8, 2016, the Defendant would have to pay back money after one week if he/she takes a phone to the said victim.”

However, the defendant did not have the intention or ability to pay within a given period, even if he borrowed money from the victim due to the circumstances such as the statement in Paragraph 1.

As above, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim’s mother to the Busan Bank Account in the name of F, and KRW 1.2 million from the same account on June 14, 2016.

Accordingly, the defendant was given property by deceiving the victim.

[2018 Highest 3187]

1. On April 2009, the defrauded Co., Ltd., in the name of a high-tension scrap metal investment vehicle, was a victim G from the victim G in the vicinity of the 252 Korean Electric Power Heavy Station located near the Busan Seo-ro, Seo-gu, Busan High-ro on April 2009. The Defendant may purchase scrap metal coming from the pulmonary pressure vehicle from the pulmonary pressure vehicle through each type.

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