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(영문) 부산지방법원 2012.08.30 2012고단1881 (1)
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 46 million won to the applicant for compensation by deceit.

3.2

Reasons

Criminal facts

"2012 Highest 1881"

1. On February 12, 2007, the Defendant made a false statement to the victim F that “if operating funds need to be repaid five million won, it will be repaid until the end of June, 2007.”

However, the fact is that there was no intention or ability to repay the above borrowed money to the victim due to the fact that there was only an obligation equivalent to eight million won at the time of borrowing and an obligation such as monthly wage for employees.

The Defendant received KRW 5 million from the victim, i.e., from the victim, to the Suhyup account (G) in the name of the Defendant for operating funds.

Accordingly, the defendant was given property by deceiving the victim.

"2012 Highest 4805"

2. On September 16, 2010, the Defendant made a false statement to the victim B stating that “A school interior materials purchase cost is urgently needed, and the Corporation will pay money after the completion of construction work three months.”

However, the fact was that the victim received the above payment from the victim and intended to use it as his/her own personal debt and personal living expenses rather than purchasing the school materials. The defendant had already been in a situation where 150,000 won monthly rent is not proper or impossible, and even if he/she borrowed money from the victim due to a large amount of personal debt, he/she did not have the intention or ability to repay it.

The Defendant was transferred from the victim the sum of KRW 5 million on September 16, 201, KRW 9 million on October 13, 2010, KRW 100 million on October 13, 2010, KRW 200 million on November 1, 2010, KRW 200 million on November 22, 2010, KRW 10 million on November 22, 201, KRW 500,000 on July 27, 201, and KRW 6 million on August 24, 201, to the Defendant’s deposit account (I).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. Original copy of a notarial deed (the fact under Article 2 at the time of sale);

1. Defendant's legal statement;

1. Each prosecutor's office against the defendant;

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