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(영문) 부산지방법원 동부지원 2013.09.23 2013고정884
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was an employee working at the main place of Hostba and was in line with the complainant B (25 years of age, inn) and smartphone hosting, and did not have any profits other than the average of 1.5 million won per month at the main place of the week, and used the above profits due to the amount of 150,000 won per month, monthly interest on 3 million won, monthly income, monthly income, living expenses, etc.

In short, even if there is no time to repay money to others, it is without the intention or ability to repay such money.

A. On September 9, 2012, the complainant, “I will pay to the complainant if I have come to and depart from a place where I will work one million won a week after the borrowing of money.” On September 9, 2012, the complainant, who believed to do so, received a loan of KRW 3 million around 100,000 from the complainant on the same day, and received it on the 10th day of the same month. On the 15th day of the same month, he had the complainant receive cash service of KRW 50,000,000 from the 50,000 won on the 15th day of the same month, and received it, after having the complainant receive a credit card loan of KRW 50,000,000 on the same day, and received it as a loan on four occasions.

B. On September 14, 2012, the Plaintiff made a false statement that “I would use a credit card without cash if I wish to use it, and receive money from the Defendant who believed to do so,” and “C” with the above credit card “C” means using 59,000 won from the clothing store at the above credit card store at the expense of purchase of clothing from October 20 of the same year, from that time, using all 34 times as shown in the list of crimes, and by paying the said card by subrogation to the complainant, acquired financial benefits equivalent to the above amount of money.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B.

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