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(영문) 부산지방법원 2019.02.13 2018고단5261

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 4, 2015, the Defendant, on September 4, 2015, made a false statement to the victim D that “The Defendant would pay interest on KRW 70 million borrowed from E to KRW 20% per month. If the Defendant borrowed KRW 63 million, he/she would have repaid the principal until December 4, 2015 and would have paid interest on KRW 10% per month.” However, even if it was erroneous, the Defendant would have known that there was KRW 200 million per month of the deposit for the former deposit operated by the Defendant.”

However, at the time of the lease agreement with the above F, the Defendant paid only KRW 50 million out of KRW 200 million to the lessor, and thereafter, the Defendant loaned money at other places and operated the said FF because the daily sales did not amount to KRW 200,000 per day on June 2015, and there was no specific property other than the above FB deposit, monthly rent deposit, KRW 500,000,000,000 in the name of the Defendant, and there was no specific property other than the above FF deposit, monthly rent deposit, KRW 500,000 in the name of the Defendant, and there was only a total of KRW 195,00,00 in the financial institution debt and other personal debt. Therefore, even if having borrowed money from the victim,

The Defendant, by deceiving the victim as such, received 63 million won from the victim to the G account (H) in the name of the Defendant on the same day as the loan money.

2. On September 5, 2015, the Defendant concluded that on September 5, 2015, the term “F” restaurant operated by the Defendant on the 4th floor of the Busan Suwon-gu, Busan-gu, and “F” restaurant, the victim D, saying, “A customer would lend the amount of personnel expenses by reporting his/her wages to the labor office with a default on payment of wages, and would first repay the principal with the borrowed money and pay interest of 10% per month until December 4, 2015.”

However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as such, received KRW 18 million from the victim to the G account (H) in the name of the Defendant on the same day as the loan money.

3. Fraud on September 14, 2015