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(영문) 부산지방법원 동부지원 2019.09.18 2018고단1058
사기등
Text

Imprisonment with prison labor for the crimes of subparagraphs 1, 6 and 7 of the judgment of the defendant, and for the crimes of Articles 2 through 5 and 8 through 19 of the judgment.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant was sentenced to a suspended sentence of ten months with prison labor at the Busan District Court for fraud, etc., which became final and conclusive on May 20, 2016.

"2018 Highest 1058"

1. On October 2015, the Defendant told the victim B to the effect that “I will pay KRW 60 million including the principal and interest, within three months, if I loan KRW 50 million for construction cost,” from the first place of police officers.”

However, at the time, the Defendant had been in bad credit standing, and at the time, the Defendant was liable for a total of KRW 270 million, including C Bank obligations of KRW 73 million, and the interest on loans was difficult to fully repay. Since labor costs, etc. which have not been paid for a separate construction cost have been overdue, the Defendant did not have any intent or ability to repay the interest agreed with the principal within the above period even if he borrowed the said money from the victim.

On October 5, 2015, the Defendant, by deceiving the victim as above, deposited KRW 30 million with the E bank account (F) in the name of the Defendant’s wife D on October 5, 2015, and KRW 15 million with the H bank account (I) in the name of the Defendant’s seat on October 15, 2015. On October 21, 2015, the Defendant acquired KRW 50 million in total from the H bank account in the name of the said G to the H bank account in the said name.

"2018 Highest 1158"

2. On December 2015, the Defendant against the victim J made a false statement to the victim J, who was the victim J, who was aware of a brupt and a waterproof construction business entity through a brue at an insular location, that “The Defendant would pay KRW 65 million of the construction cost on the 19-household loan (a shower, Doing, Doing, Doing, etc.) and the brue construction on the 19-household loan newly constructed at Gyeongyangyang-si, Chungcheongnam-si. However, the Defendant would pay KRW 65 million of the construction cost on the brue of the brue, red, and waterproof construction.”

However, the Defendant had already been a bad credit holder at the time, and not only has been liable for a debt equivalent to KRW 320 million, but also has been paid for the construction work as it has no particular property or income and it is not the construction work.

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