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(영문) 부산지방법원 2018.02.05 2017고단991
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around January 2013, the Defendant operated E, a fishery products distributor, in the name of the victim, in the victim C and the Busan Dong-gu, Busan, Dong-gu, and the second floor. The victim performed the business of raising funds for purchasing fishery products and performing the business of managing fishery products, and the Defendant agreed to bear the profits and losses from the business of purchasing and selling fishery products at the rate of 50:50.

1. The Defendant, at the above E office around March 2013, may bring a substantial benefit to the victim C with “booming distribution”.

In practice, it is possible to post down the down payment to the active fireworks distributors and then supply it later.

B. In addition, it invested 15 million won in the LAF, which is a live-type distribution company.

The phrase “ makes a false statement.”

However, even if the defendant received money from the injured party as the down payment, he only tried to use it for the purpose of repaying the amount of KRW 30 million borrowed from the defendant's wife Nam G, and he did not have the intention or ability to have E be supplied with the active fright deposit in the F.

Nevertheless, on March 8, 2013, the defendant deceivings the victim as above and transferred 34.8 million won to the corporate bank account in G name from the victim.

On August 2013, 2013, the Defendant, regardless of the fact that the Defendant, by acquiring additional money from the damaged party, shall be paid as the price for the supply contract for the fireworks which the Defendant concluded in person with the F in charge of the dispute settlement bank, and on August 2013, 2013, the Defendant did not request the down payment from the F in charge of the dispute settlement bank and did not intend to use it for E’s active business even if he did not receive the money from the damaged party, the Defendant requires more than 20 million

“Falsely speaking, around August 8, 2013, the member transferred KRW 10 million to the Saemaul Treasury Account in the name of H from the damaged person, and KRW 10 million to the same account around August 20, 2013, respectively.

Accordingly, the defendant is the victim.

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