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(영문) 부산지방법원 2016.02.12 2014고단4222 (1)
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On November 17, 2010, the Defendant stated that “D” in the lease business office of the Defendant’s “D,” which was operated by the Defendant at the Busan High-gu Busan High-gu Ctel 703, the Defendant: “Around November 17, 2010, the Defendant transferred the victim’s money to the Defendant at the auction of the second floor of the E-building building in the Gyeongnam High-gu, Seoul High-do.”

However, there was no intention or ability to receive the above commercial building at the time, even if the defendant was to receive the money from the injured party because he/she had a personal obligation of KRW 300 million, was a bad credit, and he/she was willing to use the money from the injured party as a means of debt repayment, etc.

On November 17, 2010, the Defendant received KRW 30 million from the damaged party to the F bank account in F’s name, and received KRW 235 million in total from the transferred money to the Agricultural Cooperative account in F’s name on December 28, 2010, KRW 20 million on December 29, 2010, KRW 50 million on December 29, 2010, and KRW 50 million on December 30, 2010, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim G;

A. On June 11, 2012, the Defendant, at around 12:00 on June 9, 2012, received a successful bid for KRW 350,00,00,000, including fees, from the Defendant’s logistics warehouse used by the Defendant in operation 101 of the Hagu-gu Busan, Jin-gu, Busan, for the victim’s “The appraisal of the IG loan was KRW 779,766,340,00,000,000,000,000 won.”

“.....”

However, there was no intention or ability to receive the above commercial loan even if the defendant was to receive the money from the injured party because he/she had a personal debt of KRW 300 million, was a bad credit, and was willing to use the money from the injured party for the purpose of repaying his/her debt.

The Defendant received KRW 60 million from the damaged party to the Agricultural Cooperative Account in F on June 11, 2012.

Accordingly, the defendant was given property by deceiving the victim.

B. The Defendant committed the crime on July 17, 2012 to Busan Northern-gu J around 14:00 on July 13, 2012.

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