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(영문) 부산지방법원 2019.09.25 2018고단3441
사기등
Text

The defendant shall be punished by a fine of KRW 3,00,00,00 for the crime Nos. 1 and 3 of the judgment of the court.

Reasons

Punishment of the crime

1. On February 3, 2017, the Defendant “2018 Godan3441” concluded that “If the Defendant borrowed KRW 19 million to the victim C, the Defendant would pay KRW 20 million including the interest rate of KRW 1 million until the end of February 2017, including KRW 1,00,000,000.”

However, in fact, the defendant thought that he borrowed money from the victim to another person without using it as the husband's business fund, and there was no intention or ability to repay the money even if he borrowed money from the victim without any specific property.

The Defendant, by deceiving the victim as such, received KRW 10 million on the same day from the victim as the borrowed money, and KRW 9 million on February 4, 2017 from the victim to the Agricultural Cooperative Account in the name of his/her father and wife.

2. On November 23, 2016, the Defendant, “2018 Godan3495,” was sentenced to a suspended sentence of two years on December 1, 2016 by the Busan District Court for criminal fraud, etc., and the said judgment was finalized on December 1, 2016.

On September 16, 2015, the Defendant, at the E coffee shop located in Busan-dong, Busan-gu, stating that “I need to pay money to the victim F to operate his business in China. On December, 2015, the Defendant stated that “I will pay money to the husband if I would return the husband’s business well and receive money.”

However, in fact, the Defendant did not have any particular income and property that can be disposed of, while operating the successful bid system as a fraternity, had accumulated debt and failed to pay the time limit money to the fraternity members. Since the Defendant’s husband G did not have any particular income and property available for disposal, there was no intention or ability to pay the said money even if he borrowed money from the victim.

As above, the defendant deceivings the victim, and he acquired 5 million won from the victim in cash.

3. The Defendant, around June 10, 2016, of the 2019 Highest 2315, is the subject of the award of the 18 successful bidder, organized at the I cafeteria located in Busan Shipping Daegu H, with the limit of KRW 51 million in total.

The defendant is actually and faithfully responsible for the guidance.

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