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(영문) 부산지방법원 동부지원 2014.10.01 2014고단841

사기등

Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On November 19, 2010, the Defendant was sentenced to five months of imprisonment for fraud in Busan District Court's Dong Branch branch branch, and completed the execution of the sentence on April 24, 201.

After release as seen above, the Defendant tried to run a business in favor of sellers, such as D’s daily necessities, but rather, it was difficult to continue the business due to the increase in the debt, etc. due to the purchase of goods and the failure to repay the credit payment, etc., and thus, it was difficult to continue the business normally, and thus, the Defendant was willing to borrow money or receive investment by pretending that the business was well conducted by offering the advertisement to investors in rice Luxembourg market, etc.

Therefore, on June 2012, the Defendant posted an advertisement to the effect that “an investor is sought” at a rice Luxembourg newspaper at the beginning of the beginning of 2012, and recommended the victim C to make an investment by stating that “indones D carries on the comprehensive distribution business.”

1. On July 5, 2012, the Defendant: (a) requested the victim to borrow money on the following grounds: (b) “When the Defendant purchased and sold the imported coolant, it would be good that the Defendant would have good if sold the imported coolant; and (c) if the Defendant borrowed KRW 13 million, the Defendant demanded the victim to borrow money on the ground that “I would pay the money immediately after receiving the payment by selling the imported coolant.”

However, at the time, the Defendant had been operating D but was in bad credit standing, and was liable for a debt worth KRW 20 million, such as credit losses, due to the said business itself, and even if the Defendant actually purchased and sold the imported coolant, it was not clear whether the Defendant would be able to make a normal profit, such as paying the amount of credit on credit to the customer, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to complete payment.

Nevertheless, the defendant deceivings the victim as such, and is therefore subject to the loan from the victim.