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(영문) 부산지방법원 동부지원 2013.09.10 2013고단1515

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. From August 2010 to October 2012, the Defendant operated an online web liver company that provides contents such as motion pictures in the name of “E” in the name of “E” in the name of “E,” from around August 2010 to around October 2012, the Defendant used the online web liver company that borrowed money from or invested in the company’s operating expenses due to the failure to operate the company. As a result of the decline in sales, the Defendant used the money borrowed from the Plaintiff G, etc. or invested in the company’s operating expenses. As a result, the Defendant was unable to repay the agreed investment profit or debt due to the decline in sales, the Defendant did not have any intent or ability to repay money from another person within the agreed

1. On December 201, 201, the Defendant made a false statement to the victim C at the first floor of the HG in Busan, Busan, the first floor of the HGT, stating, “A company’s operating fund is urgently required, and the company’s operating fund is used for two months and the full payment is refunded. If a company borrows money, it would guarantee the website operated by the company. It is not problematic that the website’s operating profit is paid KRW 200 million per month.”

However, the Defendant did not have the intent or ability to repay his liability within the agreed time limit or within a short time due to the difficulties in the operation of the Defendant.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the remittance of KRW 50 million on December 28, 201 to the national bank account under the name of the Defendant for the purpose of borrowing money, KRW 50 million on December 29, 201, KRW 50 million on December 29, 201, KRW 30 million on December 30, 201, KRW 180 million on January 2, 201, and KRW 10 million on January 2, 2012.

B. On January 7, 2012, the Defendant made a false statement to the effect that he/she would lend money to the victim under the same name at the K coffee shop in Busan High-gu, Busan, and received a remittance from the victim to the same account around February 7, 2012.

C. The Defendant around February 9, 2012.