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(영문) 부산지방법원 2019.07.02 2018고단5140
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 24, 2016, around June 24, 2016, the Defendant made a false statement that “Around June 24, 2016, the Defendant would receive the balance of E collection if he/she borrowed the balance of KRW 30 million from E to the victim D by phone to the victim D.”

However, even if the defendant received money from the victim as a director's balance, he was thought to use it as a personal debt repayment and living cost, and there was no certain amount of income at the time, and there was no intention or ability to pay the above money to the victim because he was liable for the debt amounting to KRW 20 million.

As above, the Defendant, by deceiving the victim, received money from the victim to the Busan Bank Account in the name of the defendant, and acquired the money of KRW 30 million.

2. Around November 9, 2016, the Defendant made a false statement to the effect that “Around November 9, 2016, the Defendant would repay the same amount of money as the money borrowed prior to the lending of money to the victim at a place where it is difficult to know at the port of call and below.”

However, in fact, the defendant did not have a certain income at the time, and was responsible for the 20 million won debt, so there was no intention or ability to repay the money borrowed from the victim.

As above, the Defendant, by deceiving the victim, received 10 million won from the victim to the account in the G name, and acquired it by fraud.

3. Around March 27, 2017, the Defendant, on March 27, 2017, made a false statement to the victim on a coffee store where it is impossible to find out the trade name in Busan Shipping Daegu, Busan, the Defendant made a false statement that “the cost of attorney is KRW 5 million lent to the victim.”

However, even if the defendant received money from the victim as the attorney's fees, he was thought to use it as the personal debt repayment and living expenses, and there was no certain amount of income at the time, and there was no intention or ability to repay the money borrowed from the victim.

The Defendant is as above.

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