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(영문) 부산지방법원 2020.04.22 2019고단4880
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On July 2015, the Defendant committed the crime against the Victim C with the intent to “E” in front of the “E” located in Sacheon-si, Sacheon-si, Sacheon-si, to the effect that “If the Defendant borrowed KRW 4 million to pay the enrollment fee, he/she shall repay it after the two months.”

However, in fact, the Defendant thought that the Plaintiff would use the loan exceeding KRW 2,00,000 for the cost of living. At the time, the Defendant was responsible for the debt worth KRW 25,000,000 for the financial rights, and the husband was instructed to live due to her husband’s default, and thus, there was no intention or ability to pay the money borrowed from the victim even if her husband borrowed money.

As such, the Defendant, by deceiving the victim, received 3.5 million won from the victim to the G bank account in the name of the Defendant F, designated by the Defendant.

2. On July 2018, the Defendant committed the crime against the Victim H, in the “J” located in Sacheon-si I in the middle of July 1, 2018, brought the Victim H to KRW 30,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000

However, the Defendant was able to use only part of the money borrowed from the victim for the above goods entry and exit, and the remainder was able to pay for living expenses and personal debts. At that time, the Defendant was able to pay approximately KRW 25 million to K, KRW 25 million to L, KRW 5 million to M, and KRW 10 million to M, and the Defendant was able to pay to the victim the amount of money due to the husband’s default. Therefore, even if the Defendant borrowed money from the victim, the Defendant was able to pay the amount of money to Japan and Korea, and paid it to the victim.

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