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(영문) 부산지방법원 2018.08.20 2018고단1826
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2013, the Defendant knew with the victim C, and went to death on the premise of marriage around January 2014.

1. On February 28, 2014, the Defendant committed the crime committed on February 28, 2014, at a place in Seoul and below Seoul around February 2014, the Defendant used the victim’s house “(s) prior to the operation failure, and KRW 20 million as a bond interest per month thereafter.

It is possible to make a marriage by collecting money if the debt is settled.

Since monthly income is at least KRW 10 million, it is difficult to pay interest to the bond company if it is loaned to the extent of KRW 20 million, so the monthly interest is at least KRW 500,000 and the principal is paid.

“The phrase “ was false.”

However, in fact, the Defendant had worked for an insurance company from May 2013, but there was no business performance or there was a large amount of monthly income from the termination of the insurance contract. In particular, the Defendant was unable to receive benefits from December 2, 2013 to March 2014. Since there was no special property at the time, there was no intention or ability to repay money from the injured party even if it was borrowed from the injured party.

The Defendant, as such, by deceiving the victim, received from the damaged party a remittance of KRW 23 million from the new bank account in the name of the Defendant on the 28th of the same month under the pretext of borrowing money.

2. On October 1, 2014, the Defendant, who committed a crime on October 1, 2014, called the victim’s phone call at a closed place, and concluded a false statement to the effect that “Around October 1, 2014, the Defendant would lend KRW 3 million to the Defendant with an insurance performance. I will complete payment after one week.”

However, in fact, the Defendant did not have any special property or income at the time, and since the financial obligation is equivalent to KRW 20 million, there was no intention or ability to repay the debt even if he borrowed money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the injured party under the same day as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. C.

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