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(영문) 서울남부지방법원 2017.04.13 2016고단6186

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from February 2016 to February 2, 2016, was a person who was engaged in the wholesale and retail business in the name of “D” in the Seoul Yeongdeungpo-gu Seoul Metropolitan City City C market, and the victim E (67 years) was a person who was engaged in the freight transportation business, such as the transportation and collection of freight requested by the Defendant as a truck transport business operator to the above “D” in the Gangseo-gu Seoul Metropolitan Government

Even if the defendant borrowed money from the damaged person, has the injured person subrogated to pay his/her debt, or has received a lawsuit from the injured person, the defendant did not have the intent and ability to pay the borrowed money or to pay the price for the goods.

1. From May 20, 2015 to the “F market,” the victim’s “in order to purchase the stuff,” there is a lack of money to pay the close credit balance to the victim first.

Along with the purport that the payment of money is to be made in gold with the delivery of money at a more loan, it is false to the effect that the money is to be paid in gold with the sale, and the money was received from the injured party a total of KRW 13,560,000 on 34 occasions from May 20, 2015 to November 28, 2015, as shown in the list of crimes (i).

2. On October 26, 2015, the victim may receive money from the victim at a non-permanent place within a short period of time from the victim’s buyer who brought the death from Kim Jong-chul to turging.

H. On October 26, 2015 through November 14, 2015, the Plaintiff supplied 4,600,000 won in total on credit to the effect that he/she would be removed from the customer, and that he/she would pay all the money that he/she has borrowed from the proceeds of the sale as soon as possible, and that he/she was supplied to the injured party on credit four occasions from October 26, 2015 to November 14 of the same year.

3. On November 5, 2015, the victims are not subject to bond because there is a large amount of credit payment to the “G” located in the F market at a f market.

B. It is possible to receive the debt from H even if the credit payment is paid in lieu of the credit payment, so it is possible to receive the debt.