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(영문) 부산지방법원 2015.07.09 2014노4480
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. At the time when the Defendant borrowed money from the victims, the summary of the grounds for appeal had sufficient ability to repay the Defendant’s obligations, such as making an investment in the business run by the Defendant and making it possible for the Defendant to pay the amount of KRW 10 million a month to KRW 15 million a month, and there was no deception by the victims, such as the list of crimes in the annexed sheet.

2. The summary of the facts charged in this case and the summary of the judgment of the court below in the judgment of the court below are as follows: "the defendant served as a member "a member" who manages female entertainment workers in the D hotel room room in Busan Metropolitan City, and during the period from April 2, 2013 to January 2, 2014, by deceiving victims, such as the list of crimes in the attached list of crimes, and by receiving 11.35 million won in total from five victims on six occasions, and the court below convicted the victims of all of them." Thus, the court below found them guilty on the basis of the presented evidence.

3. Judgment of the court below

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the evidence duly adopted and examined by the first instance court, among the facts charged in the instant case, the Defendant could recognize the fact that the Defendant deceivings the Victim H, K, and F by deceiving the Victim H, K, and F, as indicated in the separate crime list.

Therefore, this part of the defendant's argument is without merit.

First, on April 26, 2013 and May 1, 2013, the Defendant promised to pay the amount of KRW 28 million to the victim H, with the purport that “The Defendant shall repay the amount to the six-month interest,” ② on December 31, 2013, the Defendant shall borrow KRW 8 million from the victim F and shall pay the amount to the “inward interest,” and ③ on January 2, 2014, the Defendant promised to pay the amount of KRW 5 million with the victim K to the effect that “the Defendant shall pay the amount to the two-month interest.”

However, at the time of promising the victims to repay only part of the principal or interest without paying the money at the time of promise, and at the time.

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