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(영문) 부산지방법원 서부지원 2019.05.02 2018고단2189
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On July 28, 2017, the Defendant started living together with D working in Busan Gangseo-gu, from March 2016 to October 2016, and came to work together in the above C around October 2016. On the part of the workers’ members, the Defendant made a false statement that he/she is the person who was the person who was the person who was the person who was the same as D.

Around May 2017, the Defendant commenced the relationship with the victim E employed in the above C, and around July 2017, indicated that “the relationship is not the relationship with the E, but the relationship with the E, and is living together.” The Defendant borrowed KRW 30 million from D by telephone to the victim, and thus, the Defendant cannot be able to come back with D and her house. If D’s money is paid, the Defendant want to come up with and take part in D’s house. The Defendant would be able to obtain a full payment of D’s money, KRW 30 million,000,000,000,000,000 won, including KRW 2.5 million, so that he/she can seek a full payment of D’s money.” The Defendant made a false statement to the effect that “Around July 2017, 200,000,000 won, including KRW 3,50,000,000,00.”

However, the Defendant did not have the intent or ability to liquidate the living together with D, and the Defendant did not have any intention or ability to repay the borrowed amount as there was no other property or income, except for the Defendant’s remaining income of 180,000 won per month with bad credit standing.

Nevertheless, on July 28, 2017, the Defendant, by deceiving the victim as above, received a total of KRW 32.5 million from the bank account (F) in the name of the Defendant on two occasions from the victim, around July 28, 2017.

2. Around January 20, 2018, the Defendant: (a) returned to death with the victim E, including the money referred to in paragraph (1) from May 26, 2017 to January 13, 2018; (b) borrowed a total of KRW 388 million from the victim; (c) the victim, who did not intend to lend money under the name of living expenses, etc., borrowed money from the victim and used it as living expenses, etc. by making it probable that the victim was in a dangerous situation where the Defendant would have been threatened with the organized violence; and (d) the victim would have borrowed money from the victim.

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