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(영문) 부산지방법원 동부지원 2012.12.07 2012고단3387
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 27, 2010, the Defendant registered as the Korea Buddhist C on March 27, 2010, and was in the relation of sexual intercourse from January 201 to the victim D (the age of 42).

1. Around February 18, 2011, the Defendant: (a) requested the victim’s house located in Busan FY to lend a type of business fund to the victim; (b) transferred KRW 25 million to the Defendant’s type F; (c) then, around June 1, 201, the Defendant was transferred KRW 10 million from F to G national bank account (H) managed by the Defendant in the name of repayment order of borrowed money from F; (d) received remittance of KRW 10 million in the same manner on the 20th day of the same month; (e) received KRW 5 million in cash from the Han or I; and (e) embezzled by consuming KRW 5 million in cash for the victim, while keeping the victim in custody in a manner of personal use, such as entertainment expenses, etc. around that time.

2. Fraud;

A. A. Around April 5, 2011, the Defendant made a false statement to the effect that “The Defendant would lend money to the same borrower to repay the principal and interest by calculating the amount of the principal and interest in two copies per month if he/she borrowed money to operate a credit business,” and that “the principal and interest will be received without internal distinction.”

However, in fact, even if the defendant receives money from the victim as the borrowed money, he did not deliver it to theJ, or even if he received money from theJ as the repayment of principal and interest, he did not intend to deliver it to the victim.

As such, the Defendant: (a) by deceiving the victim; (b) ordered the victim to transfer KRW 750,000 to the Busan Bank account designated by J to pay the production cost of promotional materials necessary for credit business; and (c) received a total of KRW 14 times from August 8, 201 to August 8, 2011, an amount equivalent to KRW 78620,000,000 from that time.

B. Around October 5, 2011, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 17 million from the operating capital to the victim, i.e., the victim’s house of the above victim.”

However, the facts are.

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