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(영문) 부산지방법원 2018.08.30 2018고단2646
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On April 25, 2018, the Defendant appealed on April 25, 2018 from the Busan District Court to the suspension of the execution of two years and six months in the period of imprisonment for fraud, etc., and is still pending in the appellate trial.

[Criminal facts]

1. The nominal fraud of the leased deposit money was insufficient in the construction fund in the process of changing the AH SH Syle to the screen golf course in the S building located in the Busan Metropolitan Transportation Daegu, and the victim BG via BF from the Pamama located on the steel surface of the Busan Metropolitan Government on November 26, 2014 to the victim BG via BF on November 26, 2014

“.” The purport was “.

However, in fact, the Defendant did not have funds to purchase the completion of the above construction or the building, and there was no other authority to do so, and the Defendant did not have the intent or ability to lease the restaurant to the victim.

Nevertheless, the defendant deceivings the victim as above and entered into a lease contract with the victim, and obtained the delivery of KRW 30 million as the deposit money for the same day.

2. The nominal fraud Defendant was insufficient to cover the construction cost of the loan and factory building. On January 2015, 2015, the Defendant would receive the construction cost from the owner of the building after the completion of the construction work between the Plaintiff and the owner of the building through BF from the Haak-gun located in the Haak-gun, Busan, Busan, for the purpose of construction of the factory in the Haak-gun, Chungcheongnam-gun.

The phrase “a loan is made for the collection of interest and the repayment to the interest.”

However, the defendant did not have the intention or ability to repay the principal and interest even if he borrowed money from the damaged person while he borrowed money from many people with the lack of funds.

Nevertheless, the Defendant deceivings the victim and thereby deceivings the victim on January 9, 2015; KRW 29 million on January 12, 2015; and KRW 51 million on January 15, 2015.

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