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(영문) 부산지방법원 동부지원 2017.06.21 2017고단461
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On July 25, 201, the Defendant: (a) in an influence restaurant near the Busan metropolitan transportation Daegu Station; and (b) in the victim E, the motive of the high school, “if an investment is made to the scrap metal business operator in the inside of the country, a final profit of 3% per month shall accrue.

B. If 200 million won is lent to B, 2.5% interest of 2.5% per month is part of the profits from investment in the scrap metal businessman.

It was suggested to the effect that the apartment currently living in the present apartment is in the name of the wife, but in fact, the wife agrees to provide the apartment and the real estate in operation as collateral, and that if the return of the principal is requested, the apartment will be repaid without a mold within two months.

However, from the beginning, the Defendant intended to use the above borrowed money for personal purposes, such as stock investment, and the company's business funds. The apartment house in which the Defendant was living was in the possession of the wife and the wife could not know whether he/she consented to the provision of security, and the company's real estate was unable to provide the victim's own security because of its combination of property, and there was no particular hospitalization or personal property, and there was no intention or ability to pay interest of KRW 5 million per month, or to pay principal within two months from the date of

Accordingly, the Defendant, as seen above, was informed of 200 million won in cash from the injured party.

2. On January 19, 2012, the Defendant suggested to the effect that “The Defendant would lend money to the victim with no interest on the demand for payment” by phoneing from the victim at a closed place.

However, at the time, the Defendant had suffered from extreme economic difficulties due to rapid aggravation of the financial status of the company, and there was no personal property or fixed hospitalization, and there was no income from which the Defendant can repay the borrowed money within one month. The Defendant did not pay interest on the borrowed money for three months (15 million won) and the interest on the borrowed money for three months (15 million won) was overdue, as agreed from the beginning.

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