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(영문) 광주지방법원 2016.07.01 2016고단371

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2014, the criminal defendant against the victim B told the victim B, who was a partner of D in Busan Nam-gu, Busan, that “I would pay back immediately to the loan from the next week if I want to lend 15 million won as I need to purchase the machinery, while conducting the coffee machine business.”

However, in fact, from January 2014, the Defendant was absent from the bicycle riding, and was unable to properly proceed with the coffee machine business due to the fact that he had already raised the money from the clients of coffee machines, and the Defendant was planning to use the money borrowed from the victims for personal debt repayment or gambling, so there was no intention or ability to repay the money even if he borrowed money from the victims.

The defendant deceivings the victim as above and was transferred to an enterprise bank account in the name of the defendant from the victim as the loan money on the same day.

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

2. On October 23, 2014, the Defendant against the victim E, at the victim E’s house located in Busan Island on and around October 23, 2014, could enjoy profits from the Defendant’s sales of the dyste-type sye-type sye-type sye-type sye-type sye-type sye-type sye-type sye-type sye-type 30 million won

After repair, it should be sold again, and if it is lent in 10 million won, it shall be paid after two months.

However, in fact, the Defendant sold coffee machines, but did not need repairing fees, and there was no intention or ability to repay the money borrowed from the injured party even if he borrowed money from the injured party, as well as there was a plan to use the money borrowed from the injured party for the repayment of personal debts or gambling.

The defendant deceivings the victim as above and borrowed money from the victim on the same day.