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(영문) 부산지방법원 2017.09.18 2017고단3604
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 10, 2013, the defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court for fraud, and on October 18, 2013, the above judgment became final and conclusive on October 18, 2013.

[Criminal facts]

1. On December 3, 2012, the Defendant does not work for the victim D to purchase a reed field at the large wave workplace located in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City.

The balance will be used and repaid only for 3 days on the loan of the balance.

“.” The purport was “.

However, in fact, the Defendant did not need any balance under the pretext of the purchase of dry field, and there was no intention or ability to repay the amount borrowed from the damaged party due to the Defendant’s failure to repay the principal and interest equivalent to KRW 20 million, in the absence of any special property or profit-making.

Nevertheless, the defendant deceivings the victim as above and received 1.5 million won from the victim, namely, the account under his name.

2. On April 2013, 2013, the Defendant stated that “When investing the purchase cost of a field of high-frequency, the Defendant purchased a field of high-frequency and shipped high-frequency to the victim E, then divided profits into 6:4.”

However, in fact, the Defendant had no intention or ability to purchase dry field even if he received funds from the injured party, because he thought that he would use the funds for purchasing dry field with his own debt and living expenses.

Nevertheless, on May 1, 2013, the Defendant: (a) by deceiving the victim as above; (b) received KRW 2 million from the victim’s account in the name of F designated by the Defendant; (c) and (d) received the total amount of KRW 15 million from around that time to June 5, 2013, as shown in attached Table 1, as shown in the List 1.

3. On May 5, 2013, the Defendant may arrange the victims E to pay the money borrowed from the scrap metal business entity, and purchase a field to purchase a field of high wave.

The sale of the borrowed money to a third party.

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