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(영문) 부산지방법원 2016.08.10 2016고단1131
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2016 Highest 1131"

1. On August 1, 2015, the defrauded made a false statement to the Defendant’s office located in Busan-gu Busan-gu Busan-gu, stating that “A victim C obtained a loan of KRW 30 million on a face-to-face basis with a face-to-face loan of KRW 30 million, and paid KRW 27 million on a face-to-face loan, and will use the loan within home and redeem the loan without a face-to-face.”

However, in fact, the defendant has already been bad credit holders, and the monthly income of KRW 200,000,000 or KRW 7,000,000 per month has not been the intention or ability to repay the loan even if he borrowed the loan from the injured party because it is difficult to control the interest of the bonds of KRW 6 million per month.

On August 3, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 27 million to the Defendant’s management account (E) around August 3, 2015.

"2016 Highest 1298"

2. The Defendant is a person who had engaged in the business of arranging delivery articles to a floating transportation company.

On February 15, 2015, the Defendant: (a) requested from the victim F to purchase a cross-owned vehicle of the upper part of the G in order to purchase the above vehicle at a mutually influent restaurant located in the Busan metropolitan area, Busan metropolitan area; and (b) requested from the victim F to “if the victim is not a delivery engineer due to the change of mind, the sales proceeds would be changed by selling the above vehicle; and (c) requested the victim to receive a loan of KRW 23 million from the Korean Capital and pay the purchase price for the above part of the vehicle on the upper part, and received the above part of the above part of the vehicle from the upper part.”

Since then, on May 2015, the victim did not work as a delivery engineer, and the defendant sold the above part of the vehicle to the HKa Center located in Busan, Busan, and received delivery of KRW 23 million as the sales proceeds and embezzled for the victim. Around that time, the defendant paid daily allowances to the delivery engineer, and arbitrarily consumed the defendant's existing obligation to pay for the defendant's existing obligation.

3. The Defendant’s fraud is around September 17, 2015.

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