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(영문) 부산지방법원 동부지원 2015.07.22 2015고단317
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for breach of trust at the Busan District Court.

9.6 The judgment became final and conclusive.

[Attachment] From October 2008, the Defendant had been operating a distribution company for daily living with the trade name of “Co. E” and “Co. F” in the Busan Shipping Daegu C and the Suwon-gu, Busan, the Defendant was suffering from economic difficulties, and around April 2010, there was an additional amount of KRW 448 million for personal debts, in addition to bank loans with the sole property of KRW 180,000,000,000,000,000,000,000,000,000,000 from around April 201. The Defendant continued to maintain the hostile state of the above business, and was willing to borrow money from other persons without any specific income, even if he did not have the intent and ability to normally repay the money from other persons.

【Criminal Facts】

1. On April 16, 2010, the Defendant: “Around April 16, 2010, the Defendant made a false statement to the victim H, who was located in the territory of the Simdong-dong-dong-dong-dong-Yandong-gu, Busan, stating, “I will pay within two years, and pay every month interest up to 1.5 million won, if I lend 50 million won.” The Defendant received from the victim a remittance of KRW 50 million to the bank account in the name of E in the same day.

However, in fact, E had already maintained a state of hostileity, and there was no particular income for the Defendant, and the Defendant was the only property of Busan Shipping Daegu G Apartment 103 Dong 2103, Busan, the only property of which is the right to collateral security was over obligations, such as the bank loans with an additional amount of KRW 448 million, in addition to bank loans with an amount of KRW 180,000,000,000,000,000,000 won. Therefore, it is also possible to borrow money from the victim.

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