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(영문) 부산지방법원 2013.05.09 2012고단1930
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 15, 2004, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and was released on May 30, 2006 in the Jinju Prison on the parole on the execution of the sentence, and the parole period passed on August 26, 2006.

1. On May 25, 2009, the Defendant recommended C to operate a brine restaurant at the site of a tourist hotel located in Gyeongcheon-gun, Gyeongnam-gun, and demanded C to take money from May 25, 2009 to the victim E in the brine of the trade name in the Shocheon-gu, Busan (U.S.) city around May 25, 2009. The Defendant demanded C to the effect that “A, who is a brine, has a tourist hotel, would not operate the brine restaurant, will not operate the brine restaurant, and should take part of money for this purpose.”

Therefore, C received KRW 10 million from the victim to his bank account in the name of operating expenses of the restaurant on the same day, and transferred it to the bank account of the Defendant’s father F to the bank account on the next day, and received a total of KRW 18 million from the above date to the 27th day of the same day from the victim, and delivered it to the Defendant.

In addition, on September 8, 2009, the Defendant received KRW 400,000 from the above date and time to the 15th day of the same month, such as receiving transfer of KRW 1 million from the victim to the bank account of the above F on the 8th day of the same month.

However, in fact, the Defendant was not the owner or contractor of the said tourist hotel, and the said construction was normally carried out around March 5, 2010 due to the lack of construction costs, etc., and it was possible to operate the said restaurant. Therefore, even if the said money was borrowed from the victim as the operating expenses and operating expenses of the said restaurant, there was no intention or ability to grant the victim the right to operate the said restaurant in return for the loan.

The defendant induces C to and belongs to the victim.

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