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(영문) 부산지방법원 2012.07.13 2011고단4358
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 11, 2011, the Defendant was sentenced to a suspended sentence of 8 months for embezzlement at the Busan District Court on August 11, 201, and the above judgment became final and conclusive on August 19, 2011.

1. From September 1, 2008, the Defendant: (a) operated the store store for the Victim C (former name D) on September 1, 2008; (b) transferred its operating right in the form of subleting the above store to F on September 22, 2008; and (c) received total of KRW 33,000,000,000 from F on September 26, 2008, and delivered the above store to F on October 1, 2008.

Nevertheless, the Defendant did not notify the fact of the transfer of the above store around November 2008, and did not make a false statement to the victim C that he had been operating the store continuously for the purpose of the victim C, and received the victim C with the amount of KRW 10,000,000 from the victim C on November 25, 2008.

2. From October 2008, the Defendant demanded F to return the transfer proceeds on the ground that F was not well in operation of the above store, and from November 15, 2008, demanded F to return KRW 29,000,000 to F when suspending the operation of the above store, and paid KRW 10,000,000,000, which was received from F, as stated in paragraph (1) of the same Article.

On January 2, 2009, the Defendant borrowed money from the H parking lot located in Busan-gu, Busan-gu, to the victim I, who is an agent in C, in the H parking lot.

However, even if the defendant borrowed money from the victim I, he did not intend to pay it to F.

Nevertheless, the Defendant, as mentioned above, obtained the victim I from the victim I about January 10, 200,000 won, and acquired it by fraud.

3. Around the beginning of April 2009, the Defendant stated that “The Defendant shall pay the victim C money to pay the store fee.”

However, at the time, the defendant is the victim.

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