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(영문) 부산지방법원 2019.10.07 2018고단5859
사기등
Text

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

Reasons

Punishment of the crime

The Defendant was the same as the victim B and the middle school building, from March 2010 to February 2012, and the victim C is the relative of the victim B.

Around July 2008, the Defendant entered into a lease contract with a deposit of KRW 400 million, monthly rent of KRW 34 million, and a deposit of KRW 400 million (6.6 million per month) with respect to Fluxur E located in Dong-gu, Busan, Busan, and entered into a lease contract, and operated a Fluxur bag, but the Fluxur is unable to pay monthly rent, etc. from the end of July 2009. However, the Defendant was granted KRW 100,719,130 after deducting monthly rent, etc. after the termination of the above lease contract from the end of July 2010, but was used as the settlement of the price for the goods.

1. Fraud against the victim B;

A. On June 201, the Defendant: (a) made a false statement to the effect that “If there is a gas station supplying oil to a golf course known to the G, the gas station would pay KRW 200 million per month interest to the victim in the coffee shop located in Busan Shipping Daegu; (b) if the gas station invests KRW 200 million per year, the gas station would pay KRW 10 million per month to the gas station.” (c) through G, if the gas station invested KRW 20 million in the gas company and received KRW 10 million per month, five million of the investment will be paid.”

However, even if the defendant received investment money from the victim, the defendant did not have the intent or ability to pay interest of KRW 5 million every month, and was thought to be used for personal purposes such as stock investment.

The Defendant, by deceiving the victim as such, received from the victim a transfer of KRW 100 million on the 13th of the same month to the Hbank account (Account Number: I) in the name of the Defendant for investment, and KRW 100 million on the 14th of the same month.

B. On August 23, 2011, the Defendant: (a) called “the Defendant shall pay KRW 100 million (100 million) to the Defendant via phone calls from the victim at a place unclaimed; and (b) “The Defendant shall lend money to the Defendant to the Plaintiff.”

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