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(영문) 부산지방법원 동부지원 2017.01.19 2016고단979
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 4, 2015, the Defendant was inside the D kindergarten operated by the injured party C in Busan-gun, Busan-gun, and was aware of it.

E and F may receive a high interest rate from the victim by lending money to the victim's "B (Defendant) and her husband to operate his/her business significantly."

“False speech was made to the effect that it was “.”

However, there was no intention or ability to change the above even if the defendant's business was insufficient at the time, and the monthly income was difficult to cover the interest, and even if he borrowed the money from the injured party, he did not have any intention or ability to change it.

The Defendant, by deceiving the victim as such, received 48 million won on the same day under the pretext of borrowing from the victim, and received 48 million won on or around the 27th day of the same month, and received cash of 20 million won on or around the 28th day of the same month, and received remittance of 6 million won on or around the same day.

3. 9. Around 9.0 million won, he/she received the remittance and acquired a total of KRW 130,000,000 by deception.

2. In the same place as before April 13, 2015, the Defendant: (a) at the same time as the preceding paragraph, the Defendant: (b) “If the deposit for the coffee shop was paid up to KRW 372,000,000,000,000,000 is additionally lent to the said victim, he/she would have to pay the deposit with the money borrowed up to 50,000,000,000,000,000,00

“False speech was made to the effect that it was “.”

However, the fact is that the lease deposit of H coffee shop in the department store G operated by the Defendant at the time was already in a state where the Defendant was already unable to recover, and even if he borrowed money from the damaged party, there was no intention or ability to change the deposit.

As such, the Defendant, by deceiving the victim, received 50 million won on the day from the female to take over the money as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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