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(영문) 부산지방법원 2017.05.30 2017고단1838
사기등
Text

A defendant shall be punished by imprisonment for one year and two months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 2015, the Defendant maintained internal relations with the victim C who was introduced through the elementary school window from around 2015 to borrow money from the victim without intention or ability to repay the borrowed money.

1. Around July 7, 2015, the defrauded made a false statement to the victim’s house of the victim, Suwon-gu, Busan-gu, 503, that “The mother will use only one week for the loan of KRW 8,500,000 for an urgent need to operate the factory,” and that “The mother will pay back only one week if he/she lends the loan of KRW 8,50,000.”

However, even if the Defendant borrowed money from the injured party, the Defendant’s mother was planning to use the Defendant’s mother to repay obligations other than the factory operation fund. On the other hand, the Defendant was liable to pay 100 million won or more in bad credit standing due to the bankruptcy of the manufacturers of fishery products operated around 2014. On the other hand, the other party consulting business did not have any particular profits, and there was no intention or intention to repay the borrowed money because the Defendant used a large amount of money for spawn which began from the beginning of 2015.

As such, the Defendant, by deceiving the victim, was transferred KRW 8,500,000 to the national bank account (Account Number F) in the name of the Defendant’s mother, under the pretext of borrowing from the injured party.

In addition, the Defendant received a total of KRW 184,520,000 from the injured party on 19 occasions as indicated in the list of crimes in the same manner between around that time and around August 3, 2016 as borrowed money.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

2. On November 9, 2016, the Defendant by phone calls to the victim on and around November 9, 2016, and “on the face of the vehicle, he/she will return the vehicle to the victim on and around November 22, 2016 after leaving the vehicle on his/her own.

The phrase “it may be repaid even if 0 million won have to be paid in the day” was false.

However, in fact, the Defendant did not have a plan to work in the vicinity of the Chungcheongdo by using the vehicle of the victim, and Paragraph 1.

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