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(영문) 부산지방법원 2020.01.15 2019고단4883
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, while running a restaurant with the trade name of "C" in Busan Jung-gu, was failed, was engaged in business with the same trade name as that of a large amount of loans and loans to financial institutions and individuals without any particular property, and again started business around June 2016, but there was no intention or ability to repay the loans to others even if the Defendant borrowed money from others after closing business around June 2018.

1. On June 2016, the criminal defendant against the victim E, through F, through F, who was in a de facto marital relationship with the defendant within the above “C”, the victim E of the parking management through the Defendant’s de facto marital relationship, “I would pay 3% of the monthly interest rate if I lend money to the victim E, and will repay money to the above 6 million won at a prompt time until the end of 2016, along with the above 6 million won borrowed.” The criminal defendant received 9 million won in cash from the victim E with the borrowed money.

2. Fraud against victim G;

A. On September 3, 2016, the Defendant: (a) knowingly known to the victim G as a flat land owner on September 11:59, 2016, the Defendant borrowed money to the victim G within one week, stating that “I would make payment within one week if I would lend money in purchasing scarfs and pigs”; and (b) received 600,000 won from the victim as the borrowed money from the victim;

B. On September 12, 2016, around 10:08, the victim borrowed KRW 2,300,370,000 to the victim on the ground that “the victim borrowed KRW 2,30,000,000 as it is necessary to repair the restaurant signboard” and that the victim received the remittance from the victim as the borrowed money;

C. On October 15, 2016, around 15:26, 2016, the victim received from the victim KRW 2,000,000 from the victim for borrowing the money as it is necessary to make the advertisement “on a false basis, and its affiliation is so false that it is transferred from the victim to the borrowed money;

(d) On December 1, 2016, the victim made a false statement to the effect that “the victim has borrowed money that is short of money to purchase the scrap” and that it received 400,000 won from the victim to the borrowed money;

E. On December 3, 2016, around 09:08, “The monthly salary and the height of the employee” to the victim.

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