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(영문) 부산지방법원 동부지원 2019.10.02 2019고단1055
사기
Text

Defendant

A 4 months of imprisonment with prison labor for the crime set forth in A(A)(1)(b)(3)(1)(3)(2)(2)(2)(2)(2)

Reasons

Punishment of the crime

Defendant

A and Defendant B are divorced.

On November 30, 2017, Defendants were sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud in Busan District Court’s Dong Branch Branch, respectively. On December 8, 2017, the above judgment became final and conclusive.

1. Defendant A

A. On September 19, 2017, the defrauded of the Victim C stated that “The Defendant would pay clothes immediately in the face of credit to the victim” at F stores operated by the Busan Shipping Daegu D and E, and F stores operated by the Victim C.

However, in fact, there was an obligation equivalent to KRW 100 million at the time of the defendant, and the income of the defendant was insufficient to repay the above obligation and thus, the so-called so-called "comfort" was in the state of so-called. Therefore, even if clothes are provided from the victim on credit, there was no ability and intention to pay

Nevertheless, the Defendant, as such, received property equivalent to KRW 4,450,000 as stated in the attached Table 1 from around this time to November 6, 2017, including the Defendant, by deceiving the victim as such, received a letter of doubt equivalent to KRW 4,450,00,00 from that time.

B. On October 2017, the Defendant against the victim G made a false statement to the victim G in the J, located in the first floor of the HU in Busan, Busan, the first floor of the HH building, stating that “When a credit card is lent, the Defendant will use the credit card as the director’s expenses and the opening expenses of the J Beauty room, and the credit card will be paid fully. In addition, if the credit card is opened by J Beauty, she will employ she as the head of the office of the business site of the second floor.”

However, in fact, the Defendant had a debt equivalent to KRW 100 million at the time, and the Defendant’s income was insufficient to repay the above debt, and thus, was so-called “competing”, and the preparation for the beauty room business was frequently suspended due to lack of construction funds, so there was no ability or intent to pay the payment even if the Defendant was provided with credit card from the victim and used the credit card in the name of the victim.

Nevertheless, it is not appropriate.

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