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(영문) 부산지방법원 동부지원 2018.04.18 2018고단271
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, as a new map in Busan around 2010, became aware of the Victim C, who was a son, due to his taking over at the place.

1. On March 26, 2012, the Defendant committed fraud at the cost of purchase of the original group: (a) in E located in Busan-gun, Busan-gun; (b) “Is to operate the original unit at present; (c) the cost of purchase of the original unit is urgently required; and (d) KRW 100,000,000,000,000,000,000,000,0

“.....”

However, as the Defendant was detained in a separate crime of fraud at the time, and was released, there was no special revenue or property, and it was thought that the Defendant would use the money received from the victims for the purpose of repaying personal liability, etc. because it was in the state of borrowing money from many persons while operating a single house. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay the money normally.

As such, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and acquired it by deceiving the victim more than five times from that time to December 18, 2012, including the transfer of KRW 50 million from that time.

2. On December 12, 2016, at the office of the Defendant, which was the Busan Shipping Daegu F or 518 around December 12, 2016, the Defendant committed fraud for the supply of products, the Defendant called the victim and called the victim for “in the process of a multi-level program, 100 million won is urgently insufficient to receive the delivery of the company goods

If the delivery on the date is not received, it shall be interrupted.

Money was called as "to be repaid to Dolh," and "to be repaid to Don."

However, at the time, the Defendant, while running the sales business of the “comford” products, was in a situation where not only did there were no special incomes but also paid refund money to the customers due to the customer’s cancellation of the purchase and request for refund, etc., and the Defendant was obligated to pay money from the victims.

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