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(영문) 부산지방법원 동부지원 2015.04.08 2014고단2308
사기
Text

A defendant shall be punished by imprisonment for four months.

However, 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

1. On July 13, 2014, the Defendant made a false statement that “Around July 13, 2014, the Defendant phoneed the victim B from the French area to Busan (hereinafter referred to as Busan) and borrowed KRW 100,000,000 to the victim B. On July 20, 2014, the Defendant made a false statement to the effect that “A monthly wage is to be paid immediately on the monthly wage day.”

However, at the time, the Defendant had borne approximately KRW 50 million, and was thought to use the money borrowed from the victim as a bicycle racing fund, so there was no intention or ability to repay even if he borrowed money from the victim.

The Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the Busan Bank Account (C) in the name of the Defendant on the same day.

2. On July 18, 2014, the Defendant sent phone to the victim from the French area below Busan on July 18, 2014, and falsely stated that “The attachment is cancelled due to the attachment on home and the KRW 3 million loaned to the Plaintiff. The Defendant would be repaid if he/she borrowed money.”

However, at the time, the defendant's house was not seized, and the defendant did not have the intention or ability to pay the money even if he borrowed money from the victim for the same reason as Paragraph 1.

The Defendant, by deceiving the victim as such, received 3 million won from the victim under the name of the Defendant’s borrowed money from the Busan Bank account on the same day.

3. On July 31, 2014, the Defendant called the victim on July 31, 2014 at the Buddhist area of Busan (hereinafter referred to as the “Seoul”) to the effect that the Defendant “on the charge of the crime, he/she is in need of KRW 600,000,000,000,000,000,000,000,000 won, if he/she borrowed KRW 6 million from

However, the defendant did not have committed a sex offense at the time, and the defendant did not have the intention or ability to pay money even if he borrowed money from the victim for the same reason as paragraph (1).

The defendant deceivings the victim as such, and on the same day from the victim, Busan Bank.

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