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(영문) 부산지방법원 2015.10.14 2015고단454
사기등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 201, 201, the fraud Defendant: (a) lent the victim’s “EMoel” in the “EMoel” of the victim D’s operation located in Busan Shipping Daegu C; and (b) falsely stated that “I will complete payment as the lawsuit ends if I borrowed money with the litigation cost.”

However, in fact, the Defendant did not lend a KRW 100 million to the branch or did not carry out a civil lawsuit to receive the money, and the Defendant did so in order to use the F cafeteria opened at around July 201 to repay the amount equivalent to KRW 140 million borrowed from the branch in the operating expenses of the F cafeteria opened at around July 201. At that time, the Defendant did not have any special property and did not have any intent or ability to pay the money from the victim, even if the Defendant borrowed money from the victim due to the absence of the profits from the operation of the restaurant.

As above, the Defendant, by deceiving the victim, obtained 3.4 million won from the victim in the same place, and acquired it through deception, from February 10, 2012, through a total of 14 times, as shown in the attached Table of Crimes, and acquired by defraudation of 17.5 million won in total, from February 10, 2012.

2. 사문서위조 피고인은 2012. 2. 20. 부산 해운대구 G에 있는 피고인 운영의 ‘F’ 식당에서, 위 D으로부터 위 차용금 변제를 독촉받게 되자, 변제능력이 있다는 것을 보여주는데 행사할 목적으로 부동산임대차계약서 용지에 검은색 볼펜을 이용하여 소재지란에 ‘부산시 해운대구 G’, 전세보증금 및 월세금 란에 ‘七賤萬’, ‘九拾萬’, 임대인란에 ‘부산시 해운대구 H, I’라고 작성하고, 임의로 조각한 I 명의의 도장을 그 옆에 날인하였다.

The Defendant forged the said I’s real estate lease agreement with respect to rights and obligations for the purpose of exercising such rights and obligations without authority.

3. On February 20, 2012, the Defendant’s uttering of the above investigation document at Eurging the operation of the said D.

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