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(영문) 부산지방법원 동부지원 2018.06.21 2018고단427
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant is a construction business operator who operates a human test and construction business (hereinafter “C”) to D.

The Defendant, while performing the cosmetic construction of the “F Beauty Room” in Busan Dongdong-gu, where the Defendant had been on the duty of the victim B in the past, was trying to open a new beauty room and to receive money from the victim while maintaining a friendly relationship with the victim.

On April 19, 2016, the defendant found the victim's opening place of beauty art rooms in the future and considered that he/she will also do so.

In proposing, “The purpose is to make payment without a mold by the end of the month when the personnel expenses of the construction in progress are urgently required, and seven million won are loaned.”

However, in fact, the Defendant did not have any particular property or income source at the time, and there was extremely poor financial standing, such as being liable for personal debts of KRW 100 million due to bad credit, and the proceeds of construction should be used preferentially for the existing debt repayment and other construction costs, and there was no intention or ability to repay the borrowed amount as agreed.

Accordingly, the Defendant, as seen above, by deceiving the victim, and received 7 million won from the victim, i.e., a loan, from the victim, from the time to June 6, 2017, by defrauding 52,408,00 won in total over 16 times, such as the list of crimes in attached Form 1.

2. On April 1, 2017, the Defendant made a false statement to the effect that “Around April 1, 2017, the Defendant borrowed the name necessary for the purchase of a heavy vehicle to be operated at home (studio halog G) from the victim to make payment for installments and transfer the name of the vehicle to prevent damage after approximately two months.”

However, in fact, the defendant has no particular hospitalization or property, such as Paragraph 1, and has extremely poor financial standing, and has the intention or ability to pay the installment amount from the beginning to the beginning.

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