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(영문) 부산지방법원동부지원 2020.12.10 2020고단886
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2018, the Defendant worked as the victim B's branch office in Busan Jin-gu C, Busan as the FP.

1. On July 2018, the Defendant made a false statement to the Defendant “The Defendant borrowed KRW 5,000,000 to the Defendant for the payment of the Defendant’s career support expenses for the need of money.”

However, the Defendant had no property under his/her name at the time, applied for debt settlement to the Credit Counseling and Recovery Commission due to excessive credit card payments and loans, and even if he/she borrowed money from the victim, there was no intention or ability to pay the money normally.

On August 6, 2018, the Defendant received KRW 5,000,000 from the victim as the borrowed money from the victim to the E-bank account in the name of the Defendant.

2. On February 30, 2019, the Defendant stated that “A victim who was aware of a loan at the place specified in paragraph 1 in G, who was aware of the loan, stated that “A victim who was aware of the loan, who was sufficiently informed of the loan, borrowed only KRW 15,00,000,000, prior to November 30, 201, shall be repaid together with KRW 5,000,000.”

However, in fact, the defendant did not own property under his/her name at the time, due to excessive card payments and loans, the Credit Counseling and Recovery Commission applied for debt settlement, and even if he/she borrowed money from the victim, there was no intention or ability to pay the money normally.

The Defendant received 15,00,000 won in total from the victim on February 21, 2019, including KRW 10,000,000 and KRW 5,000,000 on February 22, 2019, from the victim as the borrowed money, in the name of the Defendant’s H account under the name of the Defendant.

Accordingly, the defendant deceivings the victim more than twice in total and obtained a total of KRW 20,000,000 from the victim and acquired it by fraud.

(i) the evidence;

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