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(영문) 부산지방법원 동부지원 2021.01.15 2020고단1801
사기
Text

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

Reasons

Punishment of the crime

1. On October 2017, the Defendant against the victim B: (a) around 2017, at a soup Doum Doum Douma, Busan Metropolitan City C, the Defendant entered into a contract to sell food and alcoholic beverages on the south-dong side; (b) the Defendant borrowed down payment to the other party, which is only six months of the loan of down payment, as down payment is required.

The phrase “ makes a false statement.”

However, the Defendant did not have any factual property or income and was unable to repay the money borrowed to a private person due to the failure of the Defendant to repay the money borrowed to him/her, so he/she did not have any intent or ability to repay the money borrowed to the victim even if he/she borrowed money.

Ultimately, on November 12, 2017, the Defendant: (a) by deceiving the victim; (b) received a total of KRW 12,000,000 from the victim’s account under the name of the Defendant; and (c) received KRW 18,00,000 on November 13, 2017, a total of KRW 18,000,000,000 from the victim’s account; and (d) received delivery, until September 22, 2018, a total of KRW 45,00,000 by deceiving the victim four times in total, as shown in attached Table 1.

2. On July 1, 2011, the Defendant against the Victim F, at a coffee shop where the trade name near the Jung-gu Busan Metropolitan Government on July 1, 201, is unknown, the Defendant would pay the Victim F with the interest of five (5) years and 12 percent (12%) per annum on the loan of money to the Defendant.

The phrase “ makes a false statement.”

However, the Defendant did not have any factual property or income and was unable to repay the money borrowed to a private person due to the failure of the Defendant to repay the money borrowed to him/her, so he/she did not have any intent or ability to repay the money borrowed to the victim even if he/she borrowed money.

Ultimately, the Defendant, as such, by deceiving the victim as above, received a sum of KRW 150,00,000 from the victim on July 1, 2011, and received a sum of KRW 205,30,000,000 from the victim on a total of four occasions, as shown in the attached Table 2.

3...

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