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(영문) 부산지방법원 동부지원 2017.09.13 2017고단729
사기
Text

1. The defendant shall be punished by imprisonment for three years;

2. The Defendant shall take money KRW 13,00,000,000, to the applicant F.

Reasons

Punishment of the crime

"2017 Highest 729"

1. On June 3, 2010, the Defendant, at the “I” coffee shop located in Busan Shipping Daegu H, Inc. H, would have a big profit if he/she disposes of the medical device stored in the warehouse.

A false statement was made to the effect that a person would repay a medical device with the proceeds from the disposal of the medical device if he/she borrowed money as he/she is in need of supply in the business.

However, in fact, the Defendant did not operate a medical device agency at the time, and did not have any medical device to dispose of, and was scheduled to use the borrowed money in full for personal debt repayment and gambling, and did not have any intent or ability to repay the borrowed money as agreed upon without any particular property or revenue source.

Accordingly, the Defendant: (a) by deceiving the victim as above; (b) received 5,000,000 won from the victim as the borrowed money from the victim; (c) and (d) received a total of KRW 302,054,00 from the victim over 166 times from November 11, 2016, including the case of the attached Table 1 re-a list of crimes; and (d) received a total of KRW 166 times from the victim.

2. The Defendant around September 2013, at the instant I coffee shop, is proceeding with the victim J, the same as that in the instant I coffee shop, “Around September 2013, the Defendant is currently in charge of the operation of the business of selling medical devices at home, and the delivery of the instant cargo-based hospital.

A false statement was made to the effect that it would be repaid without compensation as business revenue if the loan is made with money needed to pay for the business.

However, in fact, the Defendant did not operate a medical device sales business at the time, and did not have been responsible for the delivery of a horse-wise and a convalescent hospital at the shipping-type hospital, and was planned to use the loan in full for personal debt repayment and gambling funds in the absence of any particular property or income source, and there was no intention or ability to change the loan as well as to change it.

Accordingly, the defendant deceivings the victim as above, and his deceivings the victim on October 2013.

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