(영문) 부산지방법원 2020.02.11 2019고단5407

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(영문) 부산지방법원 2020.02.11 2019고단5407

사기

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2019 Highest 5407]

1. Around September 2018, the Defendant made a false statement to the victim B by telephone, stating that “B shall be the chairperson of C, the father of B shall be the president of the hotel in Yangyangyang, who shall be the professor of L, and who shall be an investor and a fashion business in Busan D, which shall be an investor and a fashion business.” When investing in the fashion business, the Defendant made a false statement to the effect that “B will receive the profit of KRW 100,1500,000 per month.”

However, in fact, the father of the defendant is not the president of C, who is not the president of the hotel, and is not the president of the hotel, and there is no person who is a professor, who is not a D large-scale investor, and he is not an investor of D large-scale, and the shopping mall operated by himself has little sales performance, there is no certain income, and there is no money in a bad credit, and there was no intention or ability to pay the principal and profits

Nevertheless, the Defendant, by deceiving the victim as such, received from the victim, KRW 5 million on September 27, 2018, KRW 10 million on or around October 22, 2018, and KRW 15 million on or around October 22, 2018, and acquired it through the national bank account in the name of the bank account in which the victim was committed.

2. Around February 9, 2019, the Defendant made a false statement to the victim B by telephone, stating that “A victim B shall be paid KRW 20,000,000,000 as the amount of the agreement for four weeks diagnosis is insufficient, while assaulting another person and harming the victim B by assaulting him/her, bones, bones, fright, etc.”

However, in fact, the defendant did not have to pay the agreed amount at the time, and there was no reason to do so at the time, and there was no reason to do so, and there was no reason to use the amount to be received from the victim for the cost of living because he did not have a certain occupation and source of credit, and he did not have any money.

Nevertheless, the defendant deceivings the victim and belongs to it.

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