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(영문) 부산지방법원 동부지원 2015.10.21 2014고단2223
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant of "2014 Highest 223" is a person who was operating "F" in Gwangju E.

On March 2014, the Defendant entered into a partnership agreement on the acquisition and operation of the said I on the ground that “The Defendant would take over I in the H coffee shop located in Suwon-gu, Busan, and would require a total of 200 million won, but if 100 million won is 10 million won, he would be able to pay a lease deposit and make an indoor interior interior interior interior interior interior interior.” This project would have a good profit, good, good investment sea, and half the profits.”

After that, on April 2, 2014, the Defendant received money from the victim on April 2, 2014 under the name of the victim, “I will make a business registration under the name of the victim, enter into a lease contract in the name of the victim, give a certificate of seal impression, etc. required for the lease contract at Hao A.M., and deposit KRW 50 million in the name of the head of TongJ in the name of the Defendant’s wife.”

1. On May 23, 2014, the Defendant was notified from the owner of the I’s building, and returned KRW 10 million paid as premium on May 2, 2014, and was refunded KRW 30 million paid as contract deposit on May 23, 2014, and was refunded KRW 10 million paid as contract deposit and embezzled by using the said KRW 50 million for personal debt repayment, etc. on May 23, 2014, while the Defendant was in custody for the victim who is a partner.

2. Around April 17, 2014, the Defendant made a false statement to the victim at the Songdong-dong, Busan Metropolitan City Shipping Daegu Bathing Beach that “I need to pay money with expenses, etc. in connection with I contracts, and pay the card value. If five million won is lent, the Defendant would immediately pay it after three days.”

However, the defendant did not have any intention or ability to repay three days after the victim's lending of money due to the lack of economic circumstances.

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