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(영문) 부산지방법원 2018.01.17 2017고단3884

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

The defendant is a person who operated D Co., Ltd. for the purpose of trade business, etc. on the 6th floor of the Geum-gu Busan Metropolitan Government C building in the name of ASEAN.

The defendant, at the above office around February 6, 2015, will pay the victim F, a lessor of the above office, with the loan of 20 million won, if he/she borrowed 20 million won.

“Falsely speaking to the effect that it is “.......”

However, at the time of fact, the above company operated by the defendant was in the state of capital erosion, and the company's financial standing was not good, and since the defendant, who was an individual rehabilitation, was also liable to repay money from the injured party, he did not have the ability to borrow money.

In the end, as above, the Defendant received 20 million won from the injured party through the Busan Bank account (Ga) in the name of the Defendant from the Busan Bank account (Ga) and acquired the money through the money borrowed.

[Defendant 1] At the time of the instant case, he anticipated that the Defendant would have borrowed the above money to use for customs clearance of goods and supplied and received the payment for the goods cleared within 3 months, but he could not repay the money with the wind that is required to be Creat in the process of customs clearance. Thus, there was no intention of deception.

The argument is asserted.

The evidence duly adopted and examined by the court, that is, the above company at the time of this case, which was operated by the defendant, was not only in a state of capital erosion, but also in a state of scrap imported after being involved in deception, and did not properly recover the price. In addition, it was difficult for the defendant Matdo to pay excessive debts due to personal rehabilitation, and at least nine million won of the above fraud was used as the purchase price for scrap raw materials, not customs clearance, and corporate card price immediately after borrowing, and the defendant's maturity is only due.