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(영문) 부산지방법원 2013.11.21 2013고단4419
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around June 2007, the Defendant operated the “D” as a multi-stage cosmetic sales business chain, and discontinued the business to the extent that the employees were unable to pay monthly pay to the employees, and the Defendant was engaged in supplying the freezing food to the Navy, but there was little profits except incidental expenses. On the other hand, the Defendant did not have any particular income or special property, while he did not have any intent or ability to pay the full amount even if he borrowed the money from others, which amounts to about 400 million won of personal debt.

On June 2007, the Defendant made a false statement to the victim G, stating, “In the vicinity of the multi-level cosmetics sales office operated by the Defendant in Busan F, the Defendant would pay the principal and interest on the third part of the month after the loan of KRW 100 million since the purchase cost of the goods was insufficient.”

On June 15, 2007, the Defendant acquired 50 million won from the victim with the Busan Bank account in the name of the Defendant from the Busan Bank account in the name of the Defendant, 35 million won in the name of the Defendant’s bank account in the name of the Defendant on the 16th day of the same month, and 15 million won in the name of the above national bank account in the name of the above national bank account on the 18th day of the same month.

On August 2007, the Defendant made a false statement to the victim G at the above office that “The Defendant would help him/her when he/she makes a year-end settlement by using the credit card instead of his/her words, and transfer the amount used on the date of settlement after using the credit card to the head of the Tong.”

The Defendant, upon receipt of one copy of the modern card from the victim around August 18, 2007 to September 26, 2007, settled a total of 5,567,309 won on a total of 116 occasions, as shown in the attached list of crimes (1). Around that time, the Defendant received one copy of the new card from September 29, 2007 to August 20, 2008, and received one copy of the new card from September 29, 2007, and paid a total of 18,290,953 won, as described in the attached list of crimes (2).

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