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(영문) 대전지방법원 천안지원 2014.07.17 2014고단758

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who has worked as the head of the business of “D Mt” in Asan City.

On March 7, 2012, the Defendant, at the “G office,” the victim FF’s “G,” known to Asan City E, had the right to purchase and sell part of the goods as a business entity of D Mart, individually, and have the profit therefrom, and there is a lot of profit from the sale of the dumped goods. The Defendant made a false statement to the effect that: (a) the Defendant would prepare for the purchase price of the dumped goods in KRW 45 million; and (b) the Defendant would lend KRW 25 million to the Defendant, within 15 days, complete the sale of the dumped goods and return the principal and interest thereof.”

However, the Defendant, at the same time, operated three business places (hereinafter “H”, “I soup”, and “JC”) prior to work at the aforesaid Mat, was liable for total amount of KRW 255 million including bonds, etc. while closing the business in order from around 2007 to around 2010, and was under pressure to repay the principal and interest of the bonds, and did not intend to purchase dumping goods with such money.

On the other hand, the Defendant did not have any other way to pay the principal and interest to the victim within 15 days after he/she used to pay the principal and interest interest of 25 million won in the amount that he/she received from the victim because he/she did not have any specific property at the time.

Ultimately, even if the Defendant received money from the victim, he did not have the intent or ability to purchase and sell dumping goods with the money and to complete the principal and interest within 15 days.

The Defendant, as above, makes a false statement to the victim and received KRW 25 million from the victim, i.e., at the victim’s seat as a loan, and the Defendant, from around that time to July 21, 2012, together with KRW 134 million in total over 20 times, as shown in the crime sight table.