(영문) 부산지방법원 2016.12.30 2016고단4195



A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

The defendant is the actual representative of D with expertise in interior fishery in Busan Dongdong-gu, and the victim E(58 years of age, south) is working in the same category of business as that of Pyeongdong-gu, and the victim E(58 years of age, south) was inside.

On May 7, 2015, the Defendant received an order from a customer to install a Bluitlert in G office operated by the victim in Busan East-gu, Busan. The payment to be received is insufficient.

If a loan of KRW 10 million is lent, it shall be used as the payment, and the expenses for interior works shall be collected.

5.To repay by the date of 28.

The phrase “assumed.”

However, the Defendant was in a bad credit position due to the default of national taxes, and the Defendant had a debt of KRW 270 million to the neighboring neighbors, and was in arrears with D office rent, employee monthly pay, and construction cost. Since mobile phone charges were in a very economic difficult situation, such as the unpaid payment of mobile phone charges, and thus, the Defendant intended to use the aforementioned debt repayment in most cases even if he borrowed money from the victim, and there was no intent or ability to pay the borrowed money to the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, is KRW 10 million on the same day under the pretext of the loan from the victim;

5.11.10 million won;

5. On August 2, 18, 198, 20 million won was remitted to the corporate bank account in the name of D, each of which was operated by himself, and acquired 40 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of the police statement of E;

1. A copy of the bankbook in the name of E, Busan Bank, and D corporate bank account transactions;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The victim does not have any sufficient means to repay the sentencing of Article 62(1) of the Criminal Code (the following favorable circumstances).