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(영문) 부산지방법원 동부지원 2013.10.07 2013고정1003

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operated a restaurant in Suwon-gu B and did not have any other property or other profit in addition to the monthly profit of KRW 2,00,000,000, and there is no other property or other profit, and there is no intention or ability to pay the interest and monthly rent on the debt of KRW 26,00,000.

Defendant

(a) On July 23, 2011, the complainant D (the 66 years of age and South) at the Ccafeteria operated by himself/herself in Suwon-gu, Busan, stating that “I will use a low-priced advance in other places, if I lend 2 million won or more, I will pay 40,000 won or more per month, and will pay 40,000 won or more per month after one month, and I shall receive 2 million won or more as a loan from the complainant, that is, I shall obtain tin as a loan, and shall defraud it;

B. On July 30, 201, at Favour operated by the complainant in Busan-gu, Busan-gu, “The respondent has fightingd with another person. If the other party has borrowed 200,000 won to the other party to file a complaint, he/she shall complete the complaint with the other party and shall complete the payment of the amount if the other party has borrowed 200,000 won to the other party to file the complaint,” and he/she shall receive 20,000 won from the complainant, namely, from the complainant as the borrowed money,

C. On October 11, 201, the head of the Dong, which is the owner of the building B in Suwon-gu, Busan Metropolitan City, means that “The complainant has been engaged in a boomed funeral at low level, and the store next to the store has been 200,000 won a monthly rent of 5,000 won, monthly rent of 5,000 won,” and if the restaurant is operated by expanding the existing restaurant with the store's permission, it will be a funeral, but if 5,000,000 won is a deposit, the principal shall be repaid 2,00,000 won as of the monthly interest, and the principal shall be found upon the completion of the lease term.” The principal shall be 5 million won from the complainant as the name of the security deposit, thereby taking profits from the property of the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Relevant provisions concerning facts constituting an offense;