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(영문) 부산지방법원 동부지원 2017.04.27 2016고단1496
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal record] On December 22, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on February 17, 2017.

[Criminal facts] 2016 Highest 1496

1. On August 14, 2009, the Defendant against the victim E would pay KRW 3 million to the victim E who is a kind of money in front of the 103-dong apartment 103-dong in Busan-gun, Busan-gun, for the purpose of making an investment because he/she is running a gold business in Seoul, and is running a private house in Makao-gun, the Defendant would pay KRW 4 million as monthly profits according to his/her profits.

“A false statement” was made.

However, the defendant did not have the intent or ability to pay profits through the business, even if he did not have any specific execution plan for the gold business and private gambling business, because he did not have any difficulties in financing money at the time of lending business.

On September 1, 2009, the Defendant, by deceiving the victim, received 42 million won from the damaged party to the Dong G account in the name of the Defendant’s Dong living G around September 1, 2009, and received a total of 98 million won on three occasions from January 29, 2010, such as the previous list of crimes (1).

2. On May 21, 2009, the criminal defendant against the victim C made an investment in money to the victim C, who is a senior to the next generation of “I” in the name of “I” located in Busan Shipping Daegu, Busan, about May 21, 2009, with a high interest depending on profits.

“A false statement” was made.

However, the defendant did not have the intent or ability to pay profits through the business, even if he did not have any specific execution plan for the gold business and private gambling business, because he did not have any difficulties in financing money at the time of lending business.

The defendant deceivings the victim as such and receives 100 million won from the victim on the same day.

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