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(영문) 부산지방법원 2016.02.18 2015고단6336
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From November 2008 to December 2012, 2014, the Defendant did not engage in any particular occupation while maintaining a relationship with the victim C, and received approximately KRW 5 million per month average ( KRW 363 million in total) from the damaged person during the above period as living expenses, and subsequently acquired money from the injured person during the above period.

1. On February 2, 2013, the Defendant committed the crime: (a) around February 2013, at a mutual influorous restaurant located in Busan Metropolitan City, Daegu Metropolitan City, the Defendant borrowed KRW 120 million to the victim as the leased deposit; and (b) subsequently, the Defendant borrowed KRW 120,000 to the victim. If the lease is impossible, the Defendant would have repaid the deposit, and the Defendant would have received the deposit upon the expiration of the lease term.

However, in fact, the defendant used the above money as 80 million won deposit, and the remainder was thought to be used for bond play, and there was no intention or ability to repay the money even if he borrowed the money from the damaged party, since it was thought that it will be used for repayment of the existing debt after the expiration of the lease term.

Nevertheless, on March 11, 2013, the Defendant acquired 120,000,000 won from the injured party as the borrowed money.

2. On July 2014, the Defendant: (a) around July 2014, at a mutual influent restaurant located in the Busan metropolitan Daegu metropolitan transportation Daegu; (b) “Around July 2014, the Defendant has been unable to cause sudden damage to the Defendant; and (c) he/she has lent KRW 20,000 to the end of the year of the loan.

“Falsely false.”

However, the defendant did not have the intention or ability to pay the money even if he borrowed the money from the injured party because he received it and thought that it will be used for the cost of living.

Nevertheless, on July 10, 2014, the Defendant acquired 20,000 won from the injured party as the borrowed money.

3. On October 2014, the Defendant committed a crime around Busan, the Defendant: (a) around October 2014, at a mutually influorous restaurant located in Busan, the Busan, the Busan, the Busan, the Busan, the Daegu, and (b) KRW 30,00,000,000 as the Defendant made a mistake in providing the Defendant’s guarantee.

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