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(영문) 부산지방법원 동부지원 2018.06.21 2018고단541
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 10, 2013, the Defendant: (a) in C located in Busan Shipping Daegu, Busan, for the victim D to operate C by leasing the guaranteed amount of KRW 100 million; (b) the profitability of which is high; (c) however, there is a temporary financial shortage; and (d) the Defendant deposits KRW 31 million in partner’s operating right and deposit of KRW 100,000,000,000,000 won, would be 50% of the total operating right and deposit of KRW 10,000.

Since there is a deposit for the lease on a deposit basis, the money is not likely to be detached.

Monthly profits are 20 million won per month.

“A false representation was made.”

However, the Defendant, at the time, was unable to repay 50,000,000 won in full to take over the said soup. Around April 2013, the Defendant borrowed 60,000,000 won from E as security the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the lease, and the amount of the deposit for the lease that can be refunded after deducting the amount of the deposit for the rent from time to time due to the monthly rent and management expenses, etc. on September 2012, the Defendant divided the amount of the deposit for the lease from F in a manner similar to the victim.

D. Because there was a circumstance where 52 million won was suspected of being tried, even if the money was invested from the injured party, there was no intention or ability to distribute the operating profit of soup at the rate of 5:5 percent or to preserve the investment money.

However, on January 30, 2014, the Defendant: (a) prepared a pledge on KRW 50 million, which is KRW 10,000,000,000,000, which is KRW 5000,000,000,000,000 for KRW 100,000,000,000 for KRW 50,000; and (b) induces the victim; (c) had the victim transfer KRW 26,00,00 from the post office account in the victim’s name to G management expenses account; and (d) received KRW 3 million from the above post office account in the victim’s name to the Busan bank account in the victim’s name on or around the 27th of the same month to the Busan bank account in the victim’s name; and (e) received KRW 200,000,000 from the above post office account in the victim’s name to the Busan bank account in the victim’s name on or around the same month.

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