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(영문) 부산지방법원 2015.07.16 2014고단8516
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2014 Highest 8516"

1. The criminal defendant against the victim C did not have any revenue or property with the exception of KRW 1.2 million from monthly income by cleaning service, and the defendant's personal liability should be paid at least KRW 10 million each month as interest on the defendant's personal liability. Thus, even if the defendant borrowed money from others, the defendant did not have any intent or ability to pay the money.

Nevertheless, on September 13, 2013, the Defendant made soup and soup to E in Geum-gu, Busan, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10 million to pay for the bill, he shall pay interest after three days after the payment of the bill, he shall be paid with the sum of the interest sufficiently.”

The Defendant, in its possession, received KRW 10 million from the victim to the agricultural bank account under the name of the Defendant from December 19, 2013, from the time when he was transferred from the victim to the agricultural bank account under the name of the Defendant. From December 19, 2013, the Defendant deceivings the victim on a total of six occasions, such as the list of crimes (1) in the attached Form, and obtained the victim a total of KRW 73 million from the victim,

2. The Defendant, as described in paragraph 1, did not have any intent or ability to repay money from others even if he borrowed money from others, and even if he did not run the sales business after purchase of precious metals, he did not have any intent or ability to pay profits from the said business even if he received investments from others.

On December 2, 2013, the Defendant made a false statement to the effect that “The Defendant shall purchase precious metal at the intermittent value and sell it to gold boxes, etc., and divide the difference into profits.”

The Defendant, in its possession, has received KRW 15 million from the victim to the Agricultural Cooperative Account under the name of the Defendant from February 5, 2014, from the time when he was transferred from the victim to February 5, 2014, by deceiving the victim over 13 times in total, such as the list of crimes (2). The sum of these amounts is KRW 2.6 million from the victim as the amount of investment or loan from the victim.

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