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(영문) 부산지방법원 동부지원 2015.06.03 2014고단2199
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2013, the defendant was sentenced to the suspension of the execution of two years and a fine of five million won in October in the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (water, etc.) in Busan District Court's branch branch branch, etc.,

5. 21. The judgment became final and conclusive.

On October 2012, the Defendant borrowed KRW 13 million from a lending company with no knowledge of its trade name to the victim E, a joint and several surety of the victim E, a workplace partner who works together in the DDR located in the Busan metropolitan area C, and used the victim to borrow additional money from the victim or set up the victim as a joint and several surety in order to borrow additional money from the financial institution.

However, in fact, the Defendant was removed from the Korea Communications Commission on August 1, 2012 due to the act of forging private documents, etc. around 201, and was subject to a disposition of three months of suspension from office around September 201 of the same year again on March 20, 2013 on the ground that he/she had withdrawn on March 20, 2013, etc., and the Defendant was in excess of the obligation to pay KRW 80 million without any particular income or property. Therefore, even if the victim borrowed money additionally from the victim or borrowed money additionally from a financial institution after setting up as a joint guarantor, the Defendant did not have any intent or ability to pay the money.

1. On January 9, 2013, the Defendant: “Around January 9, 2013, the victim Nonparty borrowed KRW 3.2 million from Daehan located in Busan-gun C, Busan-gun; “Around January 9, 2013, the Defendant would simultaneously pay KRW 13 million to the victim E at the same time with a joint surety who set up and borrowed a stringner as a joint surety; and the Defendant received KRW 3.2 million from the victim around that time.

However, in fact, even if the defendant borrowed money from the victim due to the above circumstances, he did not have the intent or ability to repay it.

Accordingly, the defendant deceivings the victim as above and received 3.2 million won from the victim.

2. On February 20, 2013, the Defendant is located in Busan District Court C around February 2013.

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