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(영문) 부산지방법원 2014.07.23 2014고단2330
사기
Text

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant held that “When the construction of steel ethyl content installation contract is completed in the Philippines, the Defendant would make the ethyl content work for the next four years, and the Defendant would make it possible to use the said factory as if the operator of the (ju)E was in need of a larger plant to produce a large quantity of ethyl content.” The Defendant used the G-si G factory (hereinafter “instant factory”) in office for two years, which was leased KRW 140,000,000 to KRW 10,000,000,0000,000,000,000 and KRW 60,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000).”

However, at the time of fact, the above F did not pay the rent deposit to the owner of the building of the instant factory at all. The Defendant did not confirm whether the above F actually paid the rent deposit, and the Defendant did not want to allow the operation of the instant factory if the F would bear KRW 20 million and monthly rent of KRW 10 million. At that time, the Defendant was unable to pay the rent of KRW 4 million for the above monthly rent of KRW 10 million since he did not have any capacity to pay the rent deposit, and eventually, it could be sufficiently predicted that the Defendant would be unable to continue to use the instant factory due to deduction of monthly rent from the rent deposit, and the amount of rent of KRW 20 million was paid from the victim for personal use, such as the Philippines, even if he thought that the difference was used for expenses, etc., and thus, he did not have the intent or ability to use the instant factory for two years even if he did not receive the rent deposit and the rent from the victim.

On February 2013, 2013, the Defendant deceivings the victim as above and belongs thereto from the victim’s foreign exchange bank account under the name of the Defendant.

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