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(영문) 부산지방법원 동부지원 2015.11.18 2015고단960

사기

Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. On February 10, 2012, the criminal defendant against the victim B stated that "If the defendant lends the victim B with a loan of KRW 50 million, including the amount needed to engage in several businesses in the Republic of Korea, the amount of interest of KRW 1.5 million per month shall be paid, and the proceeds of KRW 20 million shall be paid in addition to the principal after three months, in addition to the principal. Since there is an apartment building in the name of the victim, even if there is an apartment building in the name of the victim, it shall be repaid without a exactly." The defendant was transferred from the victim to the defendant's national bank account on the same day as the loan money.

However, in fact, the Defendant did not have any apartment owned by the Defendant at the time, and did not have any particular property, and even if the Defendant borrowed money from the Defendant, he did not have any profit at the mobile phone store or singing store in which the Defendant was in operation, and was able to re-investment in the illegal bond business operated by C, the Defendant’s seat, or to engage in illegal gambling, and thus, he did not have any intent and ability to pay the above borrowed money normally as agreed by the Defendant

Ultimately, the Defendant, as described in the separate sheet of crime, including deceiving the victim as above and receiving KRW 45 million from the victim who is affiliated with the Defendant, has the same year from January 17, 2012, as indicated in the separate sheet of crime.

6.1. It received a total of KRW 60 million by up to four occasions.

2. On January 31, 2012, the Defendant against the victim D makes a false statement to the victim D in Japan-dong, Busan-gu, Busan-gu, Busan-do, stating that “The Defendant would pay interest of KRW 700,000,000 per month if he/she lends money to the victim, and will repay it without a molding three months after the payment. If there is an apartment in his/her name, even if there is an apartment in his/her name, he/she will repay it by disposing of it.” This is from the victim on the same day on the same day.