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(영문) 부산지방법원 2018.11.29 2017고단6328
사기
Text

The defendant shall be punished by imprisonment with prison labor for not less than four months for the crime of 1. The crime of 2. the judgment below.

Reasons

Punishment of the crime

[criminal records] On May 13, 2010, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court. On August 19, 2010, the above judgment became final and conclusive on August 19, 2010, and the execution of the above punishment was completed at the Busan Detention Center on August 26, 2010.

[Criminal facts]

1. Around May 2009, the Defendant committed a crime at the office of “C”, operated by the Defendant located in the Geum-gu, Busan, Busan, on or around May 2009, paid the Defendant a monthly profit of KRW 300,000,000,000 per tobacco packer, and repaid the principal of the investment after five to six months.

“The phrase “ was false.”

However, in fact, the defendant did not pay profits from the tobacco self-making business that the defendant was in progress at the time, and even if he received money from the damaged person as the name of the tobacco self-making investment, he did not have the intention or ability to return the profits and the principal of the investment.

Nevertheless, the Defendant received from the injured party the amount of KRW 10 million on May 8, 2008, KRW 20 million on June 10, 2009, KRW 10 million on June 26, 2009, and KRW 10 million on June 26, 2009 as cash and check respectively, respectively.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 40 million through a delivery three times.

2. On May 2012, the Defendant: (a) around May 2012, at the office of the victim D in Busan Dong-gu building and around Busan Dong-gu, and around May 2012, the Defendant immediately takes part in the Plaintiff’s “A tobacco company’s advertisement in a tobacco board and a contract under which a tobacco company receives advertising fees from the tobacco company)”; (b) there is insufficient funds to continue to carry on the tobacco board business; (c) if the Defendant allows a tobacco company to continue to carry on the tobacco board business, it is insufficient to use the house and real estate currently in use as a collateral, and (d) continues to carry on the tobacco board business with money from capital and paid all the existing investments, and (e) 200,000 per month in return for securing security.

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