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(영문) 부산지방법원 서부지원 2019.03.28 2018고단2490
사기
Text

The defendant shall be sentenced to two months of imprisonment with prison labor for the crimes set forth in [Attachment 1] to [Attachment 1] to [Attachment 3].

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2017, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Busan District Court, which became final and conclusive on September 7, 2017.

【Criminal Facts】

1. On August 24, 2017, the Defendant: (a) 2018 Godan2490, the Defendant was working in a “Ccafeteria” restaurant located in Busan Northern-gu B; and (b) made a false statement to the victim D who was working together with the victim D, stating that “if there is a place where 700,000 won is urgently used, he/she would be paid without a mold until September 16, 2017; and (c) received KRW 700,000 from the victim.

However, at the time, the defendant continued to be tried on a separate fraud case, and even if he borrowed money from the victim without any special property, he did not have the intention or ability to complete the payment.

The defendant, from that time, was issued 70,000 won by the victim, from that time to that time,

9. Until December 25, 200, 39.7 million won was delivered over 10 times as shown in the annexed list of crimes.

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

2. On October 25, 2018, the Defendant, at around 20:00 on October 25, 2018, made a false statement to the victim G, stating that “The Defendant would pay off the drinking value with the same drinking value if he/she pays the drinking value on behalf of the card.” In addition, the Defendant would also pay off the drinking value if he/she pays the drinking value on behalf of the card.”

However, the defendant did not have any specific property at the time, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received one million won in cash from the victim, and by allowing the victim to pay 4,90,000 won in the card of the victim, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

[2018 Highest 2490]

1. Partial statement of the defendant;

1. The recording of statements made by witnesses D in the third protocol of trial;

1. Each police statement made to D and H;

1.Each.

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