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(영문) 부산지방법원 2017.04.20 2016고단6177
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while operating Han-gu, Busan, had suspended the operation of Han-gu Council Members on April 2014 due to business difficulties.

On November 6, 2014, the Defendant stated that “The victim F would open e-mail by November 20, 2014 when lending opening expenses, etc. to the victim F, and would lend money to the victim F until November 30, 2014 after the opening 10 days after the opening 10 days.”

However, the Defendant did not have any income without any particular property, and was liable for the personal debt of approximately KRW 60 million, such as credit cards and credit cards, etc. The amount of KRW 300 million invested due to the interior expenses of Han Council members, etc. However, the debt continues to increase, such as management expenses, rent, etc. due to business difficulties, and the continuous payment of management expenses, rent, etc. was incurred. Even if part of the existing investment charges were to be recovered, the Defendant made an oral promise to sell the said KRW 60 million to the said KRW 60 million in order to recover the existing investment charges, and then the lease contract is terminated and the facilities of Han Council members are removed from both the interior facilities of Han Council members to restore the said amount to its original state.

As a result of the failure to recover the existing investment amount upon notification, it was difficult to repay the money from the damaged party even if he/she borrowed money from the damaged party, because he/she did not have any ability or intent to repay the money even if he/she borrowed money from the damaged party, even though he/she did not receive the down payment or prepare the contract.

The Defendant received 23.5 million won from the victim to the corporate bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Selection of a selective fine for punishment (in agreement with the victim, the injured person desires to take the main sentence of the defendant;

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