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(영문) 부산지방법원 동부지원 2018.01.11 2016고단2433

사기

Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than two months for a crime set forth in the holding.

Reasons

Punishment of the crime

On July 7, 2008, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor at the Busan District Court for perjury, and the judgment was finalized on the 15th of the same month. On December 17, 2013, the Defendant was sentenced to a suspended sentence of 2 years of imprisonment with prison labor for fraud in the same court on the 25th of the same month.

1. On February 26, 2008, the Defendant paid the interest on bonds to the victim as it appears that there exists a lot of profit on the part of the victim’s dwelling in Suwon-gu, Busan, which is a residence of the victim B, “The building has been awarded a successful bid by auction, and that there is a lot of profit.”

When it is possible to borrow money with high interest, there are a lot of profits.

If a person lends money with low interest, he/she will sell the goods awarded and pay interest to a certain extent.

“False speech was made to the effect that it was “.”

However, in fact, at the time, the defendant was a bad credit holder, monthly income of KRW 100,000,000, and there was no particular property, and the debt was exceeded KRW 100,000,000, and the investment in real estate auction was made by borrowing money without equity capital, and thus, there was no intention or ability to pay money according to the agreement, even if he borrowed money from the injured party, because there was no proper profit.

As such, the Defendant, by deceiving the victim, received from his female, KRW 10 million as the borrowed money.

2. On February 29, 2008, the Defendant loaned money to the victim at the same place as the Defendant around February 29, 2008, along with the interest of the second part, if the Defendant borrowed KRW 20 million to the victim at the same place as the Defendant borrowed the money in advance.

“False speech was made to the effect that it was “.”

However, due to the above circumstances, there was no intention or ability to pay according to the agreement even if it borrowed money from the injured party.

The Defendant, as such, deceiving the victim and, in other words, borrowed from his female.