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(영문) 부산지방법원 2015.11.12 2014고단8867
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who operates Raba Pesta (hereinafter referred to as Raba Pesta).

1. Around February 2013, the Defendant stated that “Around February 2013, the Defendant would make a business opening LbC in G without notifying the victim F of his/her financial status, etc. to the E-cafeteria located in Busan annual system, and if the Defendant borrowed money, he/she would guarantee the profits of at least KRW 7 million per month, and even if he/she did not make profits, he/she will pay interest of at least KRW 3 million per month, and the principal will return without conditions until the month when he/she requested collection.”

However, at the time, the Defendant’s debt amounted to KRW 7.8 billion per month including financial institutions and bonds, but the Defendant’s income or property alone did not have the ability to pay interest, and the Defendant continued to “defensive” such as lending money from other persons, including the victim, and repaying the principal and interest of the obligation to other persons.

The Defendant, as such, deceiving the victim and deceiving him, is the same year from the victim.

3. From around 19.19. to the Defendant’s account, 120,000 won was remitted and acquired by fraud.

2. On May 2013, the Defendant made a false statement to the effect that “if a business fund is urgently needed to open the H, it will be paid KRW 3.5 million per month on the interest basis of a loan of KRW 100 million.”

However, as stated in paragraph (1) above, the Defendant was liable to pay interest of KRW 100 million or more each month, including financial institutions and debentures, but the Defendant did not have the ability to pay the interest, and the Defendant continued to pay the principal and interest of the obligation to other persons, including the victim, with money borrowed from other persons including the victim.

The Defendant is identical to this.

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