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(영문) 부산지방법원 2018.01.17 2017고단3935
사기등
Text

In the case of crimes No. 1 to 5 of the judgment of the defendant, imprisonment with prison labor for 8 months and 6 to 11 of the judgment shall be sentenced to 1 year and 2 months.

Reasons

Punishment of the crime

[Criminal record] On August 11, 2015, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Busan District Court on August 19, 2015, and the judgment became final and conclusive on August 19, 2015.

[2017 Highest 4864]

1. The Defendant against the victim D may, on July 20, 2014, bring the victim’s “F office” in the “F office of the victim D’s operation of the Busan East-gu E and 301, Busan-dong-gu, and the victim’s “in Korea, she is working as a store in Korea, and may bring the gift sets into Korea at dumping.”

A gift set shall be brought to the F Office.

This can be sold at retail a lot of profits. Accordingly, if the purchase cost of the goods is leased to 10 million won, it will be paid to 20 million won.

“.....”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to pay the principal and the profits to the injured party according to the promise to pay the profits.

Nevertheless, the Defendant: (a) by deceiving the victim on July 20, 2014; (b) obtained the transfer of KRW 10 million from the victim to the post office account (G) in the name of the Defendant; and (c) obtained the transfer of KRW 10 million from the victim to the post office account (G) around July 20, 2014, and KRW 5 million from July 25, 2014.

[2017 Highest 5642] From H around May 1, 2015 to May 20, 2015, the Defendant decided to take over the above Mart with a deposit of KRW 100 million on the condition that he/she takes over the equipment of H’s “J” operated by H in Gangseo-gu Busan, Busan, for a total of KRW 50 million including the premium, including the premium, and operated the Mart with the above H’s consent from the same day.

However, at the time, the Defendant had not been able to pay KRW 50 million to H as the Defendant had applied for an individual rehabilitation procedure with no particular property. Ultimately, the Defendant failed to pay KRW 50 million to H until May 20, 2015, and was unable to acquire the relevant marina.

2. On May 27, 2015, the Defendant against the victim K with a guarantee to the victim K before the said JJ.

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