(영문) 부산지방법원 2017.10.17 2016고단6007

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(영문) 부산지방법원 2017.10.17 2016고단6007

사기

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Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On February 2, 2008, the Defendant made a false statement to the effect that “A victim C, who was known to the police officer in Gangnam-gu Seoul Special Metropolitan City as a branch, operated the Defendant’s main store and, as if he/she was a person with financial capacity to possess real estate, etc., he/she borrowed money to lend money to the victim C, who is responsible for raising the deposit amount, and to have the money repaid.”

However, at that time, the Defendant had no special property, and was working as the president with the main employee or the right of share, and the income was not specified. Since most of the funds invested by the Defendant in relation to the main place was invested by the Defendant from his family or the branch, and it is unclear whether the profit was generated or the investment was recovered, even if the Defendant borrowed the above money from the victim C, there was no intention or ability to pay it normally.

On February 15, 2008, the Defendant received a total of 5,500,000 won from the victim C to the bank account of the Defendant on two occasions from March 10, 2008, and acquired it by fraud.

2. On November 22, 2008, the criminal defendant against the victim E does not have the director's expenses to be paid to the victim.

The loan shall be repaid immediately.

“The purpose of “ was to make a false representation.”

However, at that time, the Defendant had no special property, and was working for the president with an employee or a right of share of the main office, and the income was not specified. Since most of the funds invested by the Defendant in relation to the main office were invested by the Defendant from his family or branch, and it is unclear whether the profit accrued or the investment was recovered, even if he borrowed the above money from the victim E, there was no intention or ability to pay it normally.

The defendant shall receive 1.1 million won from the victim to the national bank account in the name of the defendant on the same day.

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