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Reasons
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(영문) 부산지방법원 2014.10.30 2013고단6344
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 2010, the Defendant had a debt exceeding KRW 150 million in total with a new card, a lot Capital, a modern Capital, a corporate bank, etc., and around November 2009, the Defendant was also unable to pay the existing debt in a situation where it is extremely difficult to manage the company due to the failure to pay office rent.

1. On June 2010, the Defendant made a false statement to the above victim D’s house located in the Busan Yadong C apartment in Busan Yadong-gu, stating that “The funds for the purchase of goods are required to operate the business, and the funds for the purchase of goods are returned. If the Defendant previously lent 14 million won to E and lent 1.5 million won to E, he/she will be paid interest of 150,000 won per month.”

However, even if the victim borrows money from the victim, there was no intention and ability to pay the principal and interest as agreed by the victim.

As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5 million to the victim on June 11, 2010; (c) transferred KRW 4 million on June 16, 2010; (d) received KRW 1 million from the first police officer on July 7, 2010; and (c) obtained KRW 5 million on July 7, 2010, by deceiving the victim.

2. On August 2010, the Defendant made a false statement to the said victim at the home of the victim D, as stated in the above paragraph (1), stating that the Defendant would pay interest of KRW 200,000,000 per month, including interest on KRW 15,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won prior to September 201, 2010.

However, even if the victim borrows money from the victim, there was no intention and ability to pay the principal and interest as agreed by the victim.

On August 2, 2010, the Defendant, by deceiving the victim as such, received 4 million won from the victim for the purpose of borrowing money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each investigation report Nos. 5.

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