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(영문) 부산지방법원 2016.08.25 2016고단2370
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 27, 2014, the Defendant made a false statement to the effect that “A” phone calls from the “D” mobile phone sales store operated by the Defendant located in Busan East-gu, Busan-dong, to the effect that “A money is necessary to handle value-added tax while keeping the record of purchasing the sacrife of the mobile phone accessories, and if a person lends KRW 30 million, he/she will pay for the use of this mold only if he/she lends KRW 30 million.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not intend to use it as money for gambling on the Internet, but did not use it as expenses related to the business. At that time, the Defendant bears a financial institution’s obligation of approximately KRW 40 million, and the Defendant bears an individual obligation worth KRW 140 million from the son, so even if he borrowed money from the injured party, there was no intention or ability to change it normally as promised.

On July 29, 2014, the Defendant acquired the account transfer of KRW 30 million from the victim to the account.

2. On October 5, 2014, the Defendant made a false statement to the effect that “A” phone calls from a “D” mobile phone sales store operated by the Defendant located in the Busan East-gu, Busan, to the effect that “A” would sell the mobile phone to the victim E by purchasing and selling the mobile phone, and the business funds are insufficient, to loan KRW 30 million.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not intend to use it as money for gambling on the Internet, but did not use it as expenses related to the business. At that time, the Defendant bears a financial institution’s obligation of approximately KRW 40 million, and the Defendant bears an individual obligation worth KRW 140 million from the son, so even if he borrowed money from the injured party, there was no intention or ability to change it normally as promised.

The defendant belongs to this.

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