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(영문) 부산지방법원 2013.05.22 2013고단1094

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to imprisonment with prison labor and six months at the Busan District Court for fraud, and on November 30, 2012, the said judgment became final and conclusive.

1. On July 2009, the Defendant made a false statement to the Defendant on July 2, 2009 that “If the down payment is insufficient to take over the entire building in the south Port City, the Defendant would take over one commercial building or pay out the proceeds coming from the building by taking over the market” at the Busan Civil Center near the Busan Civil Center located in the Dong-dong, Busan Special Metropolitan City.

However, it is practically impossible for the defendant to take over the whole building in the South-North port market at once because the remaining port market is divided ownership by each store, and at the time, the defendant is unable to cope with the acquisition cost that reaches KRW 00 million due to no particular income as a bad credit holder, and the defendant was thought to repay the debt of Dfood loaned money from the victim and operated in the name of the defendant's wife.

Nevertheless, around August 4, 2009, the Defendant received KRW 10 million from the victim as a loan borrowed.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 2009, the Defendant made a false statement that “The Defendant, on August 1, 2009, borrowed the above KRW 70 million from the bond company to take over the south-gu port market, to the victim C, E, F, and G, at the Busan citizen’s hall near the Busan citizen’s hall located in the Nam-gu, Nam-gu, Busan.” On August 2009, the Defendant made a false statement that “The Defendant would prejudice the payment of the amount of KRW 70 million,000,000,000 from the bond company for taking over the south-gu port market as a joint and several surety.”

However, as in Paragraph 1, the defendant was thought at the time that the victims would have to repay the debt of D Food with the loans jointly and severally guaranteed by the victims, and there was no intention or ability to take over the remaining port market or to repay the principal debt.

Nevertheless, as seen above, the defendant deceivings the victims, and thereby, the victims to whom he belongs are first patrolmen on August 2009.