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(영문) 부산지방법원 2015.08.27 2015고단3287
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In around 2012, the defendant was aware that he was working as a workplace fare with the victim D in Busan Seo-gu B.

1. Around May 16, 2012, the Defendant stated that “A” offices in the above “C” offices provide the victim with a large amount of loans from the bank and thus, he/she must repay the loans, so that he/she may borrow only 1.5 million won, and that he/she shall pay a loan with a maximum of 500,000 won per month.”

However, the defendant had no intention or ability to pay every month, even if he borrowed money from the victim, since he had to pay about 16 million won each month a loan to banks, loan companies, etc. prior to that.

As above, the Defendant was transferred 1.5 million won to the Agricultural Cooperative Account under the name of the Defendant on the same day by deceiving the victim.

2. The Defendant, at the same place as on June 2012, 2012, stated, “The Defendant shall lend KRW 500,000,000,000 to the victim, who is obligated to pay the mobile phone fee, so that he/she may be paid a full payment.”

However, the Defendant was unable to fully repay the money borrowed from the victim under the preceding paragraph, and at that time, there was no intention or ability to repay the money even if the Defendant borrowed money from the victim due to a large amount of debt such as the loan.

As above, the Defendant was issued 50,000 won from the victim’s seat by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the withdrawal of personal financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Suspension of sentence;

(a) Article 59(1) of the Criminal Act (the first crime and the agreement with the victim);

(b) Punishment to be suspended: Fines of one million won; and

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