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(영문) 부산지방법원 2015.08.26 2015고단3413

사기

Text

Defendant

A Imprisonment with prison labor for eight months, Defendant AV shall be punished by a fine of two million won.

Defendant

AV does not pay the above fine.

Reasons

Punishment of the crime

1. On August 12, 2010, Defendant A, who was sentenced to imprisonment for eight months in relation to fraud and for eight months in relation to special larceny at the Busan District Court, was provisionally released on January 28, 2011, and the parole period was expired on April 20, 201 when the sentence was executed.

On December 2, 2012, the Defendant stated that the victim AV would open “BA club” to the Busan Jung-gu AZ from “X Braf,” located in H, Jung-gu, Busan. The Defendant would pay 4.5 million won for every month when investing 100 million won.”

However, in fact, the defendant did not raise funds necessary for the opening of the above club and did not have the intent or ability to pay the agreed profits to the victim by open the club even if he received the investment funds from the victim.

As such, the Defendant, by deceiving the victim, received money from the victim on January 11, 2013, KRW 9.4 million, KRW 14 million on January 14, 2013, KRW 14 million on January 14, 2013, and KRW 38.4 million on March 14, 2013.

2. On May 22, 2014, Defendant AV received a complaint from the public service center of the Busan Geum-gu police station located in 1819, the center of the Busan Geum-gu, Busan, as the center of the Geum-gu, Busan, upon receiving a request from A to receive a letter of guarantee from A, and sent the Defendant’s certificate of personal seal impression, seal imprint, etc. to A so that A may enter into a joint and several surety contract on behalf of the Defendant, despite that “A borrowed 100 million won from a liquor company on February 2, 2013, and signed a private document by arbitrarily stating the name of the joint and several surety and the power of attorney without permission.” On June 5, 2014, Defendant A stated that “A was punished for the same purport as the above complaint.”