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(영문) 부산지방법원 2018.08.24 2018고단8
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 70,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On April 2, 2009, the Defendant was sentenced to four years of imprisonment for fraud, fabrication of official documents, uttering of forged official documents, and crime of embezzlement, at the Daegu District Court on April 2, 2009, and was released on May 25, 2012 and the parole period passed on September 28, 2012.

In addition, on September 23, 2016, the Defendant was sentenced to five years of imprisonment by this court due to a violation of the Act on the Regulation of Fraud, Occupational Embezzlement, and Similar Receiving Act, and the above judgment became final and conclusive on October 1, 2016, and currently is in the enforcement of the sentence in Busan Detention House (the expected date of the expiration of the term of punishment). From July 2014, the Defendant operated the manufacturing and distributing company of the mutual name “E (F)” in the Geum-gu, Busan (hereinafter “Defendant’s personal seal printing business”). The Defendant continued to pay dividends to the Plaintiff or pay dividends to the Plaintiff at least 40 percent of the total amount of the vending machines purchased, leased, or managed by the Defendant at the company, and even if the Plaintiff did not receive new funds from the Plaintiff as the business entity, the Defendant continued to pay the principal and interest of the Plaintiff at the rate of 100,000 won and the Plaintiff did not receive new funds from the Plaintiff.

Nevertheless, on March 20, 2015, the defendant extended the money to the victim at the above E office "I will pay to the party the money that the defendant has paid because the defendant's funds for the self-reader's business have been temporarily deficient."

“In the end,” it received delivery from the injured party of KRW 25 million on that day, KRW 5 million on April 14, 2015, KRW 30 million on May 7, 2015, KRW 15 million on May 15, 2015, and KRW 70 million on May 15, 2015.

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