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(영문) 부산지방법원 동부지원 2017.09.28 2017고단1598
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to a suspended sentence of two years, a fine of ten million won, in the imprisonment of six months at the Busan District Court on the grounds of fraud, etc. on May 3, 2014, and the said judgment became final and conclusive on May 3, 2014. On November 5, 2014, the same court was sentenced to a suspended sentence of two years for a year of imprisonment for fraud, and the said judgment became final and conclusive on June 1, 2015. On July 6, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court's Dong Branch's branch's Seoul District Court's imprisonment with prison labor for fraud, and on October 14, 2016,

Even if the defendant borrowed money from others, he did not have the intention or ability to repay it.

Nevertheless, the Defendant:

A. On October 18, 2013, in a coffee shop where it is impossible to find out the name located in the Young-gu Busan Metropolitan Government, the victim B is urgently required to pay money because her husband C is the chairperson of the D.

A loan of KRW 2.4 million is a large amount of insurance, but it is paid only to the extent of one month that the money is paid.

“A person who makes a false statement and receives 2,400,000 won from the damaged person to his/her account in the name of his/her father under the name of his/her borrowing;

B. On October 20, 2013, at the place indicated in the preceding paragraph “A” before the victim’s entry “A,” the victim will pay KRW 3 million to the victim only one month with borrowed money prior to the borrowing of KRW 3 million.

“A person who makes a false statement and receives 3 million won from the damaged person to his/her account in the name of his/her father in the name of his/her husband;

C. On October 25, 2013, at the victim’s house located in Suwon-gu F or 304, Busan-gu, and the victim’s house, “an amount of money is paid.”

It is expected to use and repay only one month with the borrowed money from the face of the house to the charge of the plaque of the house.

“A false statement” was received 4.7 million won from the injured party to the account in the name of G as the borrowed money.

As a result, the Defendant, by deceiving the victim, was delivered KRW 11 million to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Copy of the bankbook and details of passbook transactions;

1. Judgment.

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