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(영문) 부산지방법원 서부지원 2017.09.12 2017고단630

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[criminal record] On October 10, 2012, the Defendant was sentenced to two years of imprisonment for embezzlement, etc. by the Busan High Court, and completed the execution of the sentence in Busan District Court on February 15, 2014.

[Criminal facts] The Defendant, on August 20, 2016, was unable to receive the investment from the victim C at a mutually infinite coffee shop located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul, to receive money by requesting the criminal defendant to return the investment.

On the other hand, we concluded that we should see the contact, and there is a difference between 5 million won and 5 million won, and that if you lend 5 million won individually, we will pay 2 million won monthly interest and pay 2 months after 2 months thereafter.

However, the Defendant was planning to use the above five million won as expenses incurred in collecting the investment amount of the victimized party to pay the existing debt, and did not have any idea to request the police officer to recover the victim's credit. The Defendant did not pay the above debt even after he was unable to repay the guaranteed debt of about KRW 500 million on February 2000, and there was no special income while he did not pay the above debt in addition to the above guaranteed debt, and there was no special income. At the time, the Defendant was performing construction work on the land of Sejong-si. It was not only obligated to pay a large amount of debt but also dependent on the other party's funds because there was no particular property, and the construction work started from around February 2010 to February 2, 2012, the Defendant completed the construction work only up to 30% of the above corporation from around February 2, 201, and the Defendant did not receive the above loan from the injured party and did not exercise the creditor's right of retention within the remaining amount.