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(영문) 부산지방법원 동부지원 2016.08.26 2015고단552
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2014, at around 14:26, the Defendant driven an Epic car with approximately 1.5 km from the front day of the second apartment in the Busan Metropolitan Transportation Daegu East-dong to the front day of the convenience store in the same Jung-dong, while under the influence of alcohol by 0.337% of alcohol concentration in the blood.

"The defendant is a person who has operated the Busan Shipping Daegu F, 1015 and the KMG in the Busan Metropolitan Government." On November 201, 201, the victim H, who is a Korean national of the MM, in the vicinity of the Busan Metropolitan City, through Internet e-mail, "a loan is approved from the Korea Rural Community Corporation, a guarantee of payment shall be issued from the bank to obtain a loan, and a deposit shall be deposited to obtain a guarantee of payment guarantee." Thus, the defendant would receive a loan from the Korea Rural Community Corporation within five days from receipt of a guarantee of payment guarantee from the Korea Rural Community Corporation under the name of deposit." On January 2012, the defendant continued to pay that "the defendant will receive a loan from the Korea Rural Community Corporation within 300,000 US dollars, within 3.5% of the monthly interest rate, 9,450 per month, and the principal shall be repaid within 6 months."

However, at the time, the Defendant had a considerable amount of debt, including borrowing approximately KRW 1.8 billion from a bank as collateral, and was unable to receive a loan due to the failure to meet the loan requirements required by the Korea Rural Community Corporation, and the foreign agricultural development projects promoted with the victim were also not properly carried out due to the shortage of funds. Therefore, even if the victim borrowed 270,000 won from the victim, the Defendant did not have an intent or ability to repay the loan as agreed.

Ultimately, the Defendant, as such, deceiving the victim as such, shall be the sum of US dollars 70,000 on February 2, 2012 from the damaged party, and US$ 200,000 on February 7, 2012.

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