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부산지방법원 2020.03.19 2019고단6100
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 24, 2017, the Defendant was sentenced to ten months of imprisonment for fraud in the Dong branch of the Busan District Court on January 13, 2018. On August 13, 2019, the execution of the sentence was terminated. On August 13, 2019, the Busan District Court sentenced one year and six months of imprisonment for fraud, and the judgment became final and conclusive on November 29, 2019.

"2019 Highest 6100"

1. Around January 15, 2019, the Defendant committed the crime, stating to the effect that “A victim would be repaid within 2-3 days if he/she borrowed 5 million won or less,” at the Busan Jung-gu B Hotel parking lot around January 15, 2019.”

However, at the time, the Defendant had no special property or income, and was in arrears with the loan from the lending company, and was thought to repay other debts with the loan borrowed from the victim or to be used for the cost of living, so even if he borrowed money from the victim, there was no intention or ability to pay the loan.

As such, the Defendant, by deceiving the victim, was given KRW 5 million in cash from the victim, who was in his seat.

2. Around January 16, 2019, the Defendant committed the crime: (a) called the victim C to pay the money borrowed from the victim C in a normal manner by calls from the victim on a closed spot on or around January 16, 2019; and (b) read the money as if the Defendant would normally repay the money borrowed from the victim.

However, at the time, the Defendant had no special property or income, and was in arrears with the loan from the lending company, and was thought to repay other debts with the loan borrowed from the victim or to be used for the cost of living, so even if he borrowed money from the victim, there was no intention or ability to pay the loan.

Around 13:28 of the same day from the victim by deceiving the victim as such, the Defendant received KRW 2 million from the E Bank account (Account Number:F) in the name of the victim designated by the Defendant.

The defendant of "200 Highest 342" is from the Hian Council located in Seo-gu, Busan around May 21, 2019.

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