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(영문) 부산지방법원 동부지원 2014.05.16 2013고단553
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant did not have any property with respect to the victim K, and there was no intention or ability to complete payment, even if the Defendant borrowed money from others, due to such circumstances as a bank loan and a debt with respect to bonds amounting to KRW 90 million.

On June 7, 2011, the Defendant made a false statement to the Victim K of the Victim, stating that “There is insufficient money to purchase a vehicle. If the Defendant borrowed KRW 5 million, the Defendant would pay the principal to five (5) interest per month, and would have paid the principal without any molding five (5) months later.”

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to M’s account, and acquired it by defrauding it, and from that time, received KRW 44.2 million from that time to October 17, 201, by deceiving the victim through a similar method, such as the list of crimes, from around five times to that of October 17, 201, and acquired the total amount of KRW 4.2 million.

2. The Defendant did not have any particular property to the victim J, and the Defendant did not have any intent or ability to complete payment, even if she borrowed money from others, due to such circumstances as a bank loan and a debt from bonds amounting to KRW 90 million.

On August 8, 2011, the Defendant made a false statement to the victim J on the H Hospital at which the Defendant works in Suwon-gu G in Busan, stating, “If the deposit money for the deposit money was leased to the Plaintiff due to a shortage of KRW 5 million, the Defendant would early settle accounts of the hospital’s retirement pay.”

As such, the Defendant, by deceiving the victim, received money from the victim to M in the name of M as the borrowed money on the same day.

B. Around September 16, 2011, the Defendant made a false statement to the victim at the above hospital stating, “If B’s pets are urgently required to perform snow operation in Seoul, the Defendant would have to pay the principal and interest of KRW 10 million per month for KRW 5 million including KRW 5 million borrowed prior to the borrowing.”

The Defendant is the victim.

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