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(영문) 부산지방법원 동부지원 2018.10.18 2017고단2630
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2630" is a part-time lecturer at D University E-Loc, Nam-gu, Busan.

On August 2016, the defendant tried to help the victim B, who prepared for the operation of the G Sports Center in Busan F, Busan, to purchase a health engine installed in the sports center.

Accordingly, around August 17, 2016, the suspect told the victim that "it is necessary to purchase the center equipment, and the down payment of KRW 15,000,000,000 is required when he/she entered into a contract to purchase the center equipment."

However, in fact, the defendant was willing to use the above money for personal purposes from the victim and only part of the money for the victim's sports center.

Nevertheless, the Defendant, as seen above, received KRW 15,00,000 from the victim to the Defendant’s account as the down payment for the purchase of health appliances from the victim and then received KRW 111,243,00 in total from September 27, 2016 by the aforementioned method from around September 27, 2016, as shown in attached Table 1.

On July 1, 2015, the defendant of "2018 High 501" is required to take over a health club in addition to the health club operated by the J of high school-friendly victims in the Ik P in Busan Nam-gu around July 1, 2015.

A false statement was made that the loan of KRW 100 million would be paid up to December 2015.

However, even if the Defendant borrowed money from the injured party, it was thought that it would be used for the acquisition of a health club, not for the acquisition of a health club, and the housing owned by the previous business failure was sold out by auction. The remaining debts were not only KRW 300 million, but also the remaining debts were repaid by the term “recovering” by lending money from another person. However, even if the Defendant borrowed money from the injured party due to no particular income or property, it would be repaid.

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