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(영문) 부산지방법원 동부지원 2018.06.14 2017고단2332
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant borrowed money, the Defendant had no ability to repay it and intended to use it as living expenses, etc. Meanwhile, the Defendant had no intent or ability to grant the victim C a monopoly right to supply building materials and had no intention or ability to obtain benefits such as the reduction of customs duties through a corporate account balance certificate from the four-presidential government;

1. Around August 2015, the victim had a large number of buildings due to a large earthquake in four arms and demand for housing. As such, if a prefabricated house construction or sale project is conducted, a large profit can be obtained.

In four arms, the Korean government is preparing for the prefabricated-type housing construction and sales project.

In order to ensure the stable supply of materials, the enterprise shall be guaranteed the profit of the amount of 5 million won per container.

B. Lending the money to B for the production cost of sampling, selling in lots, and selling in lots prefabricated-type housing units, and transferring the money of KRW 15 million around August 31, 2015 to B for the exclusive right to supply the material;

2. Around September 2015, the victim gave the victim benefits, such as the simplification of customs clearance procedures and the reduction of customs duties when importing materials, if the four sale government confirms the details of remittance from abroad of KRW 30 million.

The remittance of KRW 3 million to the D Juristic Account established by the internal branch to the account of the D Juristic Person, which reads that it will immediately be returned after the confirmation of the four-party government, and received the total amount of KRW 3 million on the same day, and acquired the total amount of KRW 45 million from the damaged person.

Summary of Evidence

1. C’s legal statement (a) to the effect that the Defendant was invested by the injured party while running the business, including deception, deception of the intent to commit the crime of deception, deception, etc., but comprehensively taking account of the testimony of C and other evidence, the Defendant, without accurately notifying the progress of the business, presented a timely outlook, etc., and can be fully recognized as constituting the instant crime, such as providing money from the injured party, by deceiving the ability to repay and using

1. The loan certificate, the Kakao Stockholm dialogue content;

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