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(영문) 부산지방법원 동부지원 2012.10.12 2012고단2988
사기등
Text

1. The defendant shall be punished by imprisonment for one year;

2. The Defendant shall pay KRW 202,089,512 to the applicant for compensation.

3. The foregoing.

Reasons

Punishment of the crime

The Defendant is a person who operates a (ju) F in the supply of lectures from Busan Nam-gu Etel 1003, and the victim D is a person who operates a H (ju) in the Gyeyang-gu G 320 of the Gyeonggi-gu Gyeonggi-gu G 320, which distributes the lecture pipes, and he was aware of in the course of the transaction of supply of lectures around 2010.

1. Fraud;

A. On January 19, 2012, the Defendant sent to the Defendant an e-mail a written order stating that “If the Defendant delivers to the Republic of Korea, the Defendant will send the amount of the price to the end of April 2012, 2012, to the Defendant, the Defendant sent to the Defendant an 265,191,212 won (26,212 won) a total of 72 mnives of 10m in length, 609m2, and 188m in length, 406m in length, to the Republic of Korea of the Ulsan-gun, U.S., U.S., U.S., U.S., U.S., 188m in length.”

However, at the time, the Defendant was liable for a loan amounting to approximately KRW 550,000,000 in a financial right while operating the above (P)F, and the Defendant was liable for the damages of KRW 50,000 to the Republic of Korea in the previous transaction. Moreover, the Busan Bank prepared a payment guarantee letter for the Defendant on behalf of the Defendant, and paid KRW 200,000 on behalf of the Defendant, and the Defendant paid KRW 200,000 on behalf of the Defendant, and the Defendant is ultimately liable for the substitute payment of KRW 200,000 to the Busan Bank. Accordingly, from the beginning, the Defendant thought that it would be used to repay the principal and interest of the Defendant’s financial obligation even if the Defendant was supplied by the Plaintiff and received the price of the supply from the OBF Co., Ltd., and thus, the Defendant did not have any intent or ability to pay the price

Accordingly, the defendant deceivings the victim as above and let the victim deliver the above lecture room ordered by the defendant to the well-dying Korea, and did not pay the price for supply to the victim.

B. On March 21, 2012, the Defendant: (a) at the same place as above; and (b) at the victim’s price of KRW 26,898,300.

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