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(영문) 부산지방법원 2017.01.12 2015고단8407
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

"2015 Highest 8407"

1. On July 2012, the Defendant against the victim G is entitled to the payment of KRW 100,000,000 per month including interest and principal, if he/she loans KRW 30,000,000 as the money is insufficient to establish one factory in the office of the L in Gangseo-gu, Busan Metropolitan City.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

On August 6, 2012, the defendant received 30 million won from the injured party as the head of the savings bank I to pay the amount of KRW 30 million.

Accordingly, the defendant was given property from the victim by deceiving the victim.

2. Fraud to the victim J;

A. On June 2014, the Defendant: (a) K operated by the Victim JJ located in Busan High-gu, Busan High-gu (State) around Busan High-gu, would increase to 40,00 parts of the parts “Flange to be in charge of the lower office” to 40,000 parts; and (b) would submit K’s transaction specifications to the customer that is being supplied so that the injured party may claim for the payment of parts.

“.......”

However, in fact, the defendant did not have the intent of the victim to receive the payment directly from the customer, and is entrusted with the processing of parts to the victim.

(2) there was no capacity or intent to pay the parts processing cost.

The Defendant, from June 11, 2014 to March 20, 2015, received economic benefits equivalent to the same amount as the Defendant did not pay a total of KRW 22,967,265 to the victim a total of 16 times from around June 11, 2014.

B. On July 3, 2014, the Defendant: “Around July 3, 2014, the Defendant would assist the victim to enter into a management contract with the tracks type, thereby processing the down payment, which he/she receives from the L in charge of the L in charge of the dispute settlement, and deliver it to the L in charge of the dispute settlement.

“The phrase “ was false.”

However, in fact, the defendant thought that he will pay other debts even if he receives down payment from the damaged person, and the damaged person is punished by a tramway by the deadline for the payment agreed with the L of the dispute resolution committee.

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