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(영문) 부산지방법원 동부지원 2016.01.05 2014고단1162
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 14, 2012, the Defendant committed the crime at CDada located in Busan Dong-gu, Busan around October 14, 2012, to the victim D who became aware of the Defendant’s customer with the main shop located in Busan Dong-gu, and to the victim D who borrowed money for any material necessary for funeral, without being paid as the price for each day on which he/she lent money.

‘Falsely speaking to the effect that it is called’.

However, in fact, the defendant did not properly conduct the main business because he did not dispute over the issue of equity with E, a partner, so there was almost no import, and he was a person with bad credit standing since he did not pay the guaranteed debts and credit cards, and even if he borrowed money from the injured party due to a lack of particular assets, he did not have any intention or ability to pay the next day.

As above, the defendant deceivings the victim and received 230,000 won from the injured party, i.e., the money borrowed.

2. On October 16, 2012, around October 2012, the Defendant: (a) around October 16, 2012, at the same Dong branch of the new bank located in the Busan-dong, Busan-dong, Busan-dong, the Defendant should include the Defendant’s installment savings of the children whose deposit amount is KRW 40,000 won at maturity.

It shall be paid in full.

It is expected to complete the payment even if there is a violation of the law.

“Falsely speaking to the effect that it is “......”

However, at the time of fact, there was no bank installment savings account deposited in the name of the defendant in the name of the defendant, and the defendant was willing to use the above money in debt repayment and living expenses. The defendant did not have any intent or ability to pay the next day even if he borrowed money from the victim without any specific property in the state of bad credit standing, as described in paragraph 1.

As above, the Defendant: (a) by deceiving the victim as above; (b) received 2 million won from the injured party for the borrowed money from the seat; and (c) received 2 million won from the same branch of the new bank in the Dong-gu Busan Metropolitan City around the 18th day of the same month under the same name.

3. On October 25, 2012, the Defendant committed the crime at the Busan Southern-gu Busan-gu Office of Guard around October 25, 2012.

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