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(영문) 부산지방법원 2014.06.18 2014고단907
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Each fraud against the victim C and D;

A. On November 201, 201, the Defendant against the victim C stated that “A victim C shall replace the 11 ton of cargo vehicles already in operation with the 25 ton of cargo vehicles” at the F Office located in Gangseo-gu Busan Metropolitan Government, Busan. However, if a car is purchased with a loan from the capital, there are many interests, thereby lending KRW 60 million to the victim, it will be repaid within 4-5 months.”

However, in the absence of any other property, the Defendant had a large number of obligations, such as the Defendant’s obligation to borrow KRW 7 million for the bond company “G” and the Defendant’s obligation to borrow KRW 70 million for the Defendant’s will. Since it is difficult for the Defendant to pay the interest amount at KRW 8 million per month, there was no intention or ability to pay the interest amount even if the Defendant borrowed money from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 30 million from the victim on November 201, 201, KRW 10 million from the first police officer on December 201, and KRW 20 million from the victim on December 201, and acquired KRW 60 million in total from the victim on December 201.

B. On February 2012, 2012, the Defendant: (a) stated that “the Defendant would make reimbursement within three months” to the victim D at the first office of the Defendant’s operation located in Gangseo-gu Busan, Busan, the Defendant borrowed KRW 70 million to the victim D.

However, the defendant above A.

Even if the victim borrowed money from the victim for the same reason as the paragraph, the victim did not have the intent or ability to repay it.

On February 17, 2012, the Defendant, by deceiving the victim as above, received KRW 10 million from the branch of the Nonghyup Korea Industrial Complex located in the Gangseo-gu Busan Metropolitan Government, on February 17, 2012, and received KRW 60 million from the J’s account and acquired KRW 70 million in total.

2. Around July 12, 2012, the Defendant said that “A victim K and L will pay the transport cost if they transport F freight to sounding F,” from the I office located in the Gangseo-gu Busan Metropolitan Government H. to the victim K and L.

(b).

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