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(영문) 부산지방법원 2012.06.12 2012고단2473
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates a Chinese summary with the trade name of Busan-gu C.

1. On April 14, 201, the Defendant, along with D with a person related to de facto marriage, provided that “A” restaurant in the above “C” on April 14, 201, the victim E, “I will lend KRW 10 million operating funds to the victim E, with interest of KRW 300,000,000,000,000,000,000 won, and will be repaid after two months.” Moreover, the Defendant received KRW 3 million from the victim who believed that the deposit would be changed to the lessee’s name, and KRW 7 million from the same month, respectively.

However, at the time, the Defendant was unable to lend the operating fund to many people due to the operation of the above restaurant, and even if he was unable to pay the employee wages, so there was no intention or ability to pay the funds even if he borrowed the money from the victim.

As such, the Defendant, in collusion with D, received a total of KRW 10 million by deceiving the victim.

2. On May 26, 2011, the Defendant, along with D, stated that “The victim E shall be paid immediately if it is paid in lieu of the delivery of the FF class that works in a week,” and the victim E shall be paid in lieu of wages of 1.2 million won.”

However, at the time, the Defendant was unable to lend the operating fund to many people due to the operation of the above restaurant, and even if he was unable to pay the employee wages, so there was no intention or ability to pay the funds even if he borrowed the money from the victim.

As such, the Defendant conspiredd with D to acquire 1.2 million won property benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1.The application of each payment note, cash storage certificate(s) legislation;

1. The punishment of Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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