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(영문) 서울동부지방법원 2015.11.19 2015고단298

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On April 10, 2014, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor at the Seoul Western District Court for a false accusation, etc., and the judgment became final and conclusive on February 26, 2015.

【Criminal Facts】 The Defendant is a person who operates C Co., Ltd.

Around February 27, 2012, the Defendant stated that “Around February 27, 2012, the Defendant would pay off money without money,” “A specified number of buses shall be maintained in order to maintain C’s corporate permission, and if so, the bus will be additionally purchased.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would use the Defendant’s personal debt repayment, and five million won as the Defendant’s husband’s husband’s hospital expenses, etc., respectively. At that time, from April 2009 to April 2010, the Defendant was unable to repay approximately KRW 90 million from the victim. The Defendant did not have any intent or ability to repay the amount of the net income for the year 2010, -32,825,018, -314,836, 439, -36, 2011, -31 net income for the year -314,836, 439, -36, 900, 130 won for the net income for the year 2012 from the victim.

As above, the Defendant, by deceiving the victim as above, received 20 million won from the victim in the same place and acquired it by deception.

"2015 Highest 2834"

1. Around April 2009, the Defendant entered into a credit card settlement account with KRW 55 million and KRW 10,200,000,000 (credit card settlement) fraud means that “A victim D would make a false payment without any molding to lend money to D and purchase equipment necessary for the operation of the bus company with four credit cards.”

However, the defendant does not pay the above money in advance.