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(영문) 부산지방법원 2016.12.09 2015고단8757
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around December 24, 2014, the Defendant stated that “Around December 24, 2015, the Defendant would immediately repay money to the victim D when it is necessary to pay money,” in the victim D’s residence located in Busan-gu C Apartment 216 Dong 206, Busan-gu, Busan-gu, 206.

However, in fact, the Defendant did not have any property and made an investment in the “E” company without having to borrow money from a financial institution and a branch, etc., and under such circumstances as the Defendant did not pay the monthly rent of Dora and paid the existing debt with a credit card, etc., and thus, there was no intention or ability to repay the money borrowed from the victim D even if he borrowed money from the victim D.

The Defendant received KRW 2 million from the victim D to the Busan Bank Account (F) in the name of the Defendant on the same day from July 10, 2015, and received KRW 35 million in total from the victim G on nine occasions, such as the list of crimes (1) to July 10, 2015. In the same manner, the Defendant received KRW 5 million in total from the victim G on nine occasions from the victim’s December 24, 2014 to July 1, 2015, as shown in the list of crimes (2).

The Defendant borrowed a total of KRW 35 million from the victim D from December 2014 to July 2015, 2015, and borrowed a total of KRW 55 million from the victim G from April 28, 2015 to July 1, 2015.

On July 2015, the Defendant came to know that E, a similar recipient company, for which the Defendant was working, led to a situation in which E, including the victims of the insolvency, could no longer repay the obligation.

The defendant is likely to be subject to compulsory execution by many creditors, including victims, in order to avoid this point.

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