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(영문) 부산지방법원 2015.11.19 2014고단4695
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

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1. On May 20, 2013, the Defendant made a false statement that “Around May 20, 2013, the Defendant borrowed the purchase price for a vehicle with a high class of a vehicle with a high class of dynasty from the dynasty Social Co., Ltd. office located in 1073 at the center of Busan City’s annual system to pay the principal and interest in installments for a period of 36 months.”

However, the Defendant did not have any property or income at the time, and there was no particular circumstance that the fixed source of income was generated in the future, so even if the Defendant received a passenger car security loan, he did not have the intent or ability to pay the principal and interest of the loan normally.

The Defendant, as above, by deceiving the victim as above, received KRW 14,500,00 from the victim for a passenger car security loan on the same day.

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2. On October 18, 2013, the Defendant did not intend or have an ability to sell game items as agreed even if he/she received the price from the victim C, and was given KRW 30,000 to the Defendant’s account on the same day by Kakao Stockholm as if he/she sold cash items. The Defendant was issued KRW 30,000 to the Defendant’s account on the same day from the victim.

3. On November 7, 2013, the Defendant received KRW 30,00 from the victim D to the account of the Defendant on the same day by means of the same method as the above-mentioned Paragraph 2.

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4. On October 2, 2013, the Defendant: (a) did not intend or have the intent to sell game items as agreed; (b) did not intend or have the ability to sell the game items to the victim; and (c) was issued 40,000 won to the Defendant’s account on the same day by the victim’s account on the same day.

Summary of Evidence

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1. Statement by the defendant in court;

1. The police statement concerning F;

1. All the documents related to the application for loans;

1. The defendant's oral statement;

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