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(영문) 수원지방법원 평택지원 2015.08.27 2015고단996

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 November 13, 2013, the Defendant was sentenced to a suspended sentence of two years on August 21, 2013 by imprisonment with prison labor for a violation of the Labor Standards Act from the Suwon District Court’s Eunpyeong Housing Site Board, and the judgment became final and conclusive on November 21, 2013.

【Criminal Facts】

1. Around December 29, 2010, the Defendant stated that “When the Defendant borrowed the funds for the business of collecting earth and stone in progress at the Cheongnam-do, Taewon-gun, Taenam-do, the Defendant would repay all principal after three months, and give profits corresponding to the principal six months after the date of the loan to the victim D’s restaurant operated by Suwon-do, Suwon-do, Suwon-do, Suwon-do, which is operated by the victim D.

However, the Defendant did not obtain the permission for the collection of earth and rocks because it was impossible to secure tin acids for the collection of earth and rocks, and around 2009, the Defendant was unable to pay 100 million won to the employees, and there was no asset or income in addition to the money that the Defendant would borrow from the victims, and thus there was no intention or ability to normally conduct the business, and even if the Defendant borrowed money from the victims for the purpose of business funds, there was no intention or ability to repay the money.

The Defendant received KRW 145 million from the victim as the borrowed money, around December 29, 2010, from the victim.

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

2. On March 7, 2011, the Defendant stated that “The Defendant would repay the money to the Defendant without molding it prior to the lending of the money to the Defendant, because the Defendant borrowed the money to be used as the money to be used as the money for the recovery of earth and rocks due to the shortage of the money needed to obtain the permission for the collection of earth and rocks at the above restaurant of the first policeman.”

However, the defendant has already been in a situation where it is impossible to permit or proceed with the collection of earth and rocks any longer due to the failure to secure tinsan. Therefore, it is unnecessary to deposit money for recovery and borrow money from the victim.

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