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(영문) 부산지방법원 동부지원 2018.10.04 2018고단1235

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On January 10, 2016, at around 21:00 on January 10, 2016, the criminal defendant against the victim C is insufficient to pay capital to the victim C to establish D, which is an internal association, in the vicinity of the Maritime Bathing Beach located in Busan Metropolitan City, Daegu Metropolitan City.

On May 2016, the term “a corporation shall establish an incorporated association and withdraw its capital and repay it in full,” which lend KRW 30 million to the corporate establishment cost.

However, the Defendant did not have any special property or income as a basic livelihood recipient, and there was no need to pay the printing and publication expenses, office rent, etc. generated by operating the NAD group, and there was no economic difficulty to the extent that the Defendant did not pay the money. Since the Defendant thought that the Defendant was using the money as repayment and the Defendant’s living cost, there was no intent or ability to pay the money even if the Defendant borrowed money from the victim.

Nevertheless, on January 19, 2016, the defendant deceivings the victim as above and acquired 30 million won from the victim to the post office account under the name of the defendant from the victim.

2. On April 9, 2017, the Defendant, against the victim E, called the victim E, who became aware of the NAD group, “D,” at the NAV group, around Busan, around April 9, 2017, and the Defendant was unable to gather or collect the money in light of the circumstance that the Defendant: (a) cut off the house and sent the down payment to the printing office.

If the contract is cancelled, it is impossible to receive the down payment, and it is possible to see this opportunity.

When a collection is made, it was false that the cost of publication is required to be KRW 3 million.

However, the Defendant did not have any special property or income as a basic livelihood recipient. However, there was no special circumstance that the Defendant established and operated an incorporated association D based on the “D” group, which is a NAD group, and was economically difficult to pay the printing cost, publishing cost, office rent, etc., and paid off the Defendant’s debt with money from the injured party.