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(영문) 부산지방법원 2016.09.09 2016고합149
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

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

Reasons

Criminal facts

"2016 Gohap 149"

1. The Defendant, on March 2014, is to pay KRW 100 million to the victim D at a restaurant near the Busan Metropolitan City, the Busan Metropolitan City, the Busan Metropolitan City, and the Busan Metropolitan City, the Busan Metropolitan City, and the Busan Metropolitan City, the cafeteria.

The loan interest will also be paid.

“A false representation was made.”

However, at the time of fact, the defendant did not pay various taxes, did not have any particular property, and only paid interest on loans, and did not have the intention or ability to repay principal.

Nevertheless, the Defendant, as seen above, received KRW 78 million from the victim to the new bank account (F) in the name of the Defendant E in the name of the Defendant on March 19, 2014 from the victim, thereby deceiving the victim and deceiving the victim.

2. A defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was aware of himself/herself;

When the victim H, introduced from G, came to know that he is operating a grain distribution business, he saw the victim to obtain grain warehouses, and received grain from the victim as if he was able to pay the amount of grain sales by driving as if he was invested in the commercial building located in Pyeongtaek-si, Gyeonggi-do, and received grain from the victim, and used the sales amount for the repayment of his personal debt, lending it to another person, or using it as investment funds.

On November 2015, the Defendant was scheduled to obtain grain warehouses from the victim in the cafeteria near the Busan Metropolitan City So-gu, Busan Metropolitan City, to the extent of KRW 50,000,000, the deposit will be given to the victim.

“Falsely speaking,” and “The first floor of the commercial building in Gyeonggi-si has invested at least KRW 100 million in that place, and the first floor of the commercial building has been invested more than KRW 580,000,000 if it has been invested more than KRW 580,000,000,000,000 to the victim, who was supplied grain several times from the injured, did not pay the price from the injured person, and was urged by the injured person.”

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