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(영문) 부산지방법원 2018.06.14 2017고단4651

사기등

Text

Defendant shall be punished by imprisonment with prison labor for 2017 senior group 6407 and by imprisonment with prison labor for 10 months for the remaining crimes.

Reasons

Punishment of the crime

"2017 Highest 4651"

1. On October 9, 2016, the Defendant against the victim D told that “When paying KRW 1,700,000 to the victim, he/she would create the Defendant with a stay liner of the original board taken by the victim for marriage and the marriage Albagle” in the “Gwale” operated by himself/herself in the Busan East-gu, Busan.

However, on August 21, 2016, the Defendant was in a situation where it was difficult for the Defendant to continue the business due to the failure of the business to take over loans from several million won through lending companies, private financing, etc. from the time of opening the said lending business without any limit of capital. The Defendant thought that the Defendant would receive the above payments from the victimized party and use the said payments for the repayment of personal obligations, such as the interest on loans of the lending company, etc., and did not have an intention or ability to produce the victim normally.

As a result, the defendant deceivings the victim and received 1.7 million won from the victim under the name of the same day as the production cost of the victim.

2. On November 27, 2016, the Defendant, at the same place as before and after November 27, 2016, made a false statement to the victim H in the same manner as in the same manner, and was granted KRW 1.7 million from the victim in the name of the production cost, etc.

The Defendant, from January 2016 to August 21, 2016, is a person who entrusted the operation of Kwa Holdings in the course of operating an enterprise that vicariously performs the business related to wedding in the name of “J” on the 24th floor of the I building in Busan Metropolitan Government from around January 2016.

The Defendant entered into an agency contract with the victims who are customers, and this constitutes a package of the basic matters, such as food rental, and the selection of photographs, at the customer’s option. Among them, the Defendant was delegated to another business entity for the Defendant’s use of photographs, video photographing, and duplicating production, etc., and the price is KRW 300,000 through KRW 50,000,000,000 after the month.