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(영문) 부산지방법원서부지원 2020.10.14 2018고단1801
사기등
Text

A defendant shall be punished by imprisonment for two years.

The charge of violation of the Public Property and Commodity Management Act is acquitted.

Reasons

Punishment of the crime

On December 22, 2017, the Defendant sentenced five years and four months to imprisonment for a crime, etc. at the Busan District Court on March 9, 2018. On October 5, 2018, the said judgment was finalized on October 13, 2018.

【Criminal Facts】

On November 2015, the Defendant made a false statement to the victim B, stating that “When 100 million won is loaned to the company as 10 million won is required, 10% of the monthly interest shall be given to the company and repaid the company.”

However, the defendant did not properly operate the business to the extent that it is difficult to pay the monthly salary of the employees of the company, and even if he borrowed money from the victim, such as paying the defendant's personal debt with the money received from the victim, he did not have any intention or ability to pay it.

As above, the Defendant, by deceiving the victim, was transferred from the victim to a corporate bank account (D) in the name of the Defendant’s living together with the Defendant, KRW 80 million on November 27, 2015, and KRW 5 million on December 14, 2015.

On December 22, 2017, the Defendant sentenced five years and four months to imprisonment for a crime, etc. at the Busan District Court, which became final and conclusive on March 9, 2018. On October 5, 2018, the same court sentenced six months to imprisonment for a crime of fraud on October 13, 2018, which became final and conclusive on October 13, 2018.

【Criminal Facts】

On July 2015, the Defendant made soup soup, soup, making soup, making soup, making soup to women only in Busan Shipping Daegu E, and approaching the victim F while gaining access to the victim F, the Defendant made a false statement to the victim, stating, “I would pay high interest if I would lend money necessary for the bond play to G directors, the chairperson of the party factory, and the president of the larger factory, to the extent that the amount of money would be 1.4 billion won.”

However, in fact, the defendant was thought to pay his debt with the victim's borrowed money or to use it as company operation funds and personal living expenses, and at the same time there are many debts.

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