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(영문) 부산지방법원 동부지원 2018.10.10 2017고단2582
사기
Text

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

Of the facts charged in the instant case, the victim B was placed in early March 2013.

Reasons

Punishment of the crime

1. On December 2013, 2013, the criminal defendant against the victim C told the victim C, who is the partner of the said restaurant, to “E” in the “E restaurant located in Busan Shipping Daegu D, that the victim C, who is the partner of the said restaurant, paid a high interest on the loan of money to be used.”

However, even if the defendant borrowed money from the injured party, he did not use it for the business and has already invested in the defendant's clothes import business.

At the time, the F and G have already been 140 million won for the debt repayment for F, and there was no intention or ability to repay the debt even if they have borrowed money from the damaged party due to no particular income compared thereto.

As such, the Defendant: (a) by deceiving the victim; (b) requested the victim to transfer money to the account used by the Defendant to H; and (c) received KRW 19.6 million from the J bank account in the name of the Defendant (State) to the J bank account operated by H; and (d) received from January 9, 2014 a total of KRW 92.1 million from that time until January 9, 2014, as indicated in the list of crimes in the attached Table.

2. On January 2014, the Defendant against the victim B operated the company “(State) I” with the victim at the same place as the police officer in the preceding paragraph of the same year. If the funds fall short of, 13 million won, the Defendant would be reimbursed with interest within 2-3 months.

“A false statement” was made.

However, even if the Defendant borrowed money from the damaged party, it was thought that it will be used for the repayment of the debt to the above F and personal purposes, instead of the business name, and even if the financial status of the Defendant borrowed money from the damaged party, it did not have the intent or ability to repay it.

As such, the Defendant deceivings the victim, and up to January 4, 2014, up to 10 million won with the J bank account under the name of the J bank account in the above (State) around January 4, 2014, and on January 1, 2014.

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