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(영문) 부산지방법원 동부지원 2017.02.14 2016고단152

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2016 order 152]

1. On October 16, 2014, the Defendant: (a) around October 16, 2014, at the front of the Busan Metropolitan City Shipping Daegu Building, the Defendant: (b) on the road in front of the building in Busan Metropolitan City, the Defendant: (c) “If the Plaintiff was placed a provisional attachment at a lending company of the Busan Metropolitan City, Young-do D 103-1102, which is a house in its possession and fails to pay the light now, the Defendant would have the house go beyond the auction; (d) if the Defendant borrowed KRW 450,000,000,000, the house was sold by the release of the attachment and paid the money borrowed from the sales of the house.

“.......”

However, even if the Defendant did not own the above house and borrowed money from the injured party, he was thought to use it as a living cost, and at the time, the Defendant did not have any intent or ability to sell or repay the house with bad credit standing.

The Defendant, by deceiving the victim as such, received 4.5 million won from the victim to the Agricultural Cooperative Account in the name of the victim as the borrowed money around that time, and acquired it by deceiving the victim.

2. On October 31, 2010, around October 31, 2010, the Defendant was found to have been recovered from the leased enterprise if the Defendant failed to repay the money borrowed from the vehicle with the vehicle security loan to the said victim at a location below Busan on October 31, 2014.

If 8.6 million won is lent, the house will be sold and repaid.

“.......”

However, in fact, the Defendant did not have any means to sell the money as above and did not have any means to repay the money to the victim as agreed.

The Defendant, as such, by deceiving the victim, received 8.6 million won from the victim to the above account under the name of the borrowed money at around that time, and acquired it by deceiving the victim.

3. On December 18, 2010, the defrauded Defendant would pay the said amount of money to the said victim, including the money borrowed during the lending of money, at a place no higher than Busan on December 18, 2014.

“.......”

However, the defendant does not have sufficient means to repay money to the victim as agreed.