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(영문) 부산지방법원 2015.09.23 2015고단2426
사기
Text

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

Reasons

Punishment of the crime

On December 1, 2011, the Defendant paid KRW 236 million in total by the same method over 30 times from December 1, 201 to October 25, 2013, as indicated in the attached Table of Crimes (1), to the victim K, who believed that he/she would repay the principal within three months at the time of request for repayment of interest of 2% per month and interest of 2% per month if he/she lends money to the Plaintiff K in order to expand the franchise business.

On January 1, 2013, the Defendant received KRW 100,000 from February 1, 2013 to October 2, 2013, a total of KRW 345,00,00 from February 1, 2013 to October 2, 2013, in the same manner as indicated in the attached Table of Crimes List (2) by stating that “If the Defendant, while operating several J chain points, he/she lends money to L for business funds, he/she shall repay the principal without 2% per month within three months from the time of request for repayment of interest and repayment.”

However, at the time of fact, the Defendant had no intention or ability to pay the principal and interest as promised to the victims, because the Defendant had an unreasonable business expansion by making use of the loan Nos. 1 and 2 and loan borrowed money from the branch and had a debt of KRW 300 million, and there was no profit expected from the business being promoted, and thus, it is inevitable to repay the principal and interest of borrowed money from another person.

As above, the Defendant, by deceiving the victim K and L, received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of K and L;

1. Details of transactions;

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