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(영문) 부산지방법원 2012.11.14 2012고단4703

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On January 8, 2008, the defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on September 11, 2008 and completed the execution of the sentence at the Busan Detention House.

around April 2009, the Defendant lent money from a bond manager while operating a health club in Busan-gu Busan-gu Ch clubs, Busan-gu, but was unable to repay the money, and as such, the Defendant made a false statement by making it possible to pay the money to the above management office as if he were to divide profits from the investment in the external import business, fishery products business, etc.

1. Crimes against victims D;

A. On January 5, 2010, the Defendant made a false statement to the effect that “The Defendant would calculate the principal and 5% interest if he/she lends business funds to a customer, who is a customer, in the above skin management room.”

However, even if the money was borrowed from the beginning, it was thought that it was used for personal purposes such as repayment of bonds, etc. without the intention of investing in the revenue business, and there was no intention or ability to repay the borrowed money.

After all, the Defendant, as such, by deceiving the victim as such, received KRW 5 million from the victim on the same day from March 10, 201, and by deceiving the victim in the same manner as the list of crimes in the attached Table (1) from March 10, 201, and received a total of KRW 139,462,400 from the victim on 48 occasions.

B. On April 3, 2010, the Defendant, upon receiving a request from the victim to receive the details of the use of the card from the victim via the Internet at the above sub-management room, identified the card number from the victim as necessary to join the Internet by inserting the card in the name of the victim. On June 3, 2010, the Defendant inserted the card in the name of the victim in the ATM machine located at the location of the FTM department located in Busan Jin-gu, Busan.