(영문) 부산지방법원 동부지원 2017.11.01 2017고단1428

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(영문) 부산지방법원 동부지원 2017.11.01 2017고단1428

사기

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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who conducts a sales agency business, and the victim C is a person who operates a "F" restaurant in front of Et in Busan Metropolitan City Do Da.

The defendant and the injured party had been living in the 36th century, and the defendant found in the above restaurant and set benz kisk on the table, and the defendant had resided in the Busan Shipping Daegu G apartment in the pentart.

There have been much emphasis on their own re-performance, such as referred to.

However, in fact, the above benz car was used by the Defendant as security of the claim, and the above pentart was leased to the Defendant as a monthly rent, and the Defendant was bearing approximately KRW 200 million of the obligation, and all the businesses promoted by the Defendant had no profit at the early stage. Therefore, even if the Defendant borrowed money from the injured party, the Defendant did not have any intent and ability to repay within one month.

Nevertheless, on November 11, 2015, the Defendant said that “the Defendant would pay 10 million won in advance to the victim” at the above restaurant, and received KRW 10 million from the injured party to the Busan Bank account in the name of the Defendant around the 12th day of the same month, and did not have any intent or ability to repay within one month as above at the above restaurant, and did not intend to use it for the apartment sales business, but it is urgently needed to pay money to the victim even though he did not want to pay an advance to the apartment sales business in advance.

If the loan is more than KRW 10 million, it means that it will be repaid within one month, along with the loan of KRW 10 million at a time. It means that it will be repaid within the same month from the injured party, and it received a total of KRW 20 million from the injured party to the Defendant’s H bank account in the same day, such as remittance of KRW 10 million from the injured party to the Defendant’s H on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement

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