(영문) 부산지방법원 2016.11.10 2016고정2136

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(영문) 부산지방법원 2016.11.10 2016고정2136

사기

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 20, 2009, the Defendant, on September 20, 200, made a false statement to the effect that “E” store operated by the victim D, who is located in the city of Busan on September 2009, “E” storeed by the victim D, who is under the husband’s name and divorced, shall be transferred to the victim under his/her own name. If the Defendant borrowed KRW 9 million as the number fraternity, he/she would pay the time limit money after having joined as the number fraternity.”

However, the Defendant did not have any money to pay the time when there was no certain amount of income, and there was no money to transfer the name, and in fact there was no money from the victim, and there was no intention or ability to pay the said money from the beginning, such as using the money in repayment of living expenses and debts, unlike the purpose of use.

The Defendant, as such, by deceiving the victim, received nine million won from the victim under the pretext of transfer expenses in the name of Macles on the same day.

2. On November 20, 2009, the Defendant made a false statement to the effect that “If the Defendant borrowed five million won to the victim, he/she would make a lump sum payment to the previous borrowed money” at the place described in Paragraph 1 of November 20, 2009.

However, the Defendant did not have any intent or ability to pay the said money from the beginning, for the reason that there was no certain income at the time, and the Defendant did not have any money to pay the time.

The Defendant, as such, by deceiving the victim, received five million won from the victim on the same day.

3. On December 20, 2012, at the place indicated in paragraph (1) of the same Article, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10 million to the victim, he/she would use it in the hearing style operated by the FF in the system to collect and dispose of it after three months, and repay it up to March 20, 2013 at the same time.”

However, the defendant did not pay the time when there was no certain income, and there was no money to pay the time limit.

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