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(영문) 부산지방법원 2013.07.05 2012고단9483 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On September 24, 2009, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on May 23, 2010 at the Busan Detention House.

【Criminal Facts】

<2> On May 2011, 2011, the Defendant made a false statement that “To obtain a loan, it is necessary to obtain a loan. To do so, it is necessary to obtain a loan from the remittance of money.” The Defendant made a false statement on May 3, 201 to the victim C at the mutual infinite shop located in Seo-gu Busan, Seo-gu, Busan.”

However, the defendant did not have any authority in connection with the loan of financial institutions and did not have any intention or ability to provide the loan for the victim even if he received the loan from the victim because he did not receive the loan consultation.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on May 17, 201, and KRW 3 million on May 20, 201 from the victim to the account of community credit cooperatives (D) in the name of the Defendant, and received KRW 130 million on October 1, 201, and KRW 2 million on November 17, 201 from Seo-gu, Seo-gu, Busan.

Accordingly, the defendant deceivings the victim, and obtained 11.3 million won as loan funds from the victim, and acquired it by fraud.

On December 1, 2010, the Defendant issued orders to the victim E to remove G factories, sea and land structures located in the Mapo-gu in the Mapo-gu in Busan, Seo-gu. On December 1, 2010, the Defendant stated that “The scrap metal arising from the removal of the building will be supplied to 380 won per kilogram, and that “The volume will be supplied to this thousand tons by mutual agreement,” and that “The volume will be supplied to this thousand tons.”

However, even if the defendant receives the down payment from the complainant, he did not have the intention or ability to supply the scrap metal and the non-refus.

As above, the defendant deceivings the victim, and is a down payment with respect to the supply of scrap metal and scrap metal from the victim, that is, five million won.

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