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(영문) 부산지방법원 2017.01.12 2015고단8476
사기
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On November 4, 2013, the Defendant made a false call to the victim C who had come to know while living in the workplace prior to the Defendant’s dwelling located in the Geum-gu Busan Metropolitan Government (U.S.) and made a false statement to the Defendant C, stating that “I would pay back the amount of KRW 200,000,000,000,000,000,000 won.”

However, in fact, the Defendant did not have any intent or ability to repay the amount even if he did not have any remaining money, even if he did not borrow any money from the injured party because he did not have any income amounting to KRW 10,000 at the time, but a debt amounting to KRW 600,000 is limited to KRW 1,000,000,

As such, the Defendant, by deceiving the victim, received 200,000 won from the victim to the post office account under the name of the Defendant, and acquired it by fraud.

2. On November 6, 2013, the Defendant calls from the victim on November 15 and 2013 and pays the victim three days later.

It shall be paid with the money borrowed prior to the loan of KRW 2 million including the money borrowed.

“A false representation was made.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the damaged person on the grounds of Paragraph 1.

As such, the Defendant, by deceiving the victim, received 2 million won from the victim to the post office account under the name of the Defendant, and acquired it by fraud.

3. On November 20, 2013, the Defendant made a false statement to the victim that “Around November 20, 2013, the Defendant would make a full payment within one week including the money that he/she borrowed from a person who borrowed 1.7 million won as the cost of wage in relation to a holiday.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the damaged person on the grounds of Paragraph 1.

As such, the Defendant, by deceiving the victim, received 1.7 million won from the victim to the post office account under the name of the Defendant, and acquired it by fraud.

4. The Defendant called the victim on November 23, 2013, and “the problem of drinking alcohol by a Gu” is the matter of drinking alcohol to the victim.

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