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(영문) 부산지방법원 동부지원 2019.10.10 2019고단680
사기
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2017, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Busan District Court for fraud, etc., and on June 30, 2017, the said judgment became final and conclusive.

1. On June 2013, the criminal defendant against the victim B stated that “A victim B has a large amount of 400 square meters away from the gas station located in C, and the said site is good land to conduct a golf practice range business. It is necessary to purchase the land in the State E, which is in operation, and to build a golf practice range. If the money is lent, the principal shall be paid monthly interest, and the principal shall be repaid one year later.”

However, in fact, the Defendant did not establish (ju)E at the time, and the Defendant did not have any intent or ability to repay the debt without any particular revenue or property to KRW 100 million, and was in bad credit standing with only KRW 100,000,000,00,000,000.

Nevertheless, on June 21, 2013, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 60 million to the G bank account (H) in the F’s name as the borrowed money from the victim; and (c) received KRW 89,50,000,000 in total on six occasions from that time to January 8, 2014, as described in the attached list of crimes, from that time.

2. Around June 2013, the Defendant against the victim I told the victim I to purchase the machinery in front of the Busan High School Jgu, Busan, and to expand the factory warehouse by purchasing it in the (ju) E in order to pay a lot of money. If the Defendant borrowed KRW 100 million, the Defendant would have to pay the money.”

However, in fact, the Defendant did not establish (ju)E at the time, and the Defendant did not have any intention or ability to repay the debt without any particular revenue or property to KRW 100 million, and was in bad credit standing with only KRW 100 million, so even if he borrowed money from the victim, there was no intention or ability to repay the debt as agreed.

Nevertheless, it is not appropriate.

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