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(영문) 수원지방법원 안양지원 2012.11.20 2012고단1021

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around January 25, 2011, the Defendant against the victim C was unable to repay the amount of KRW 40 million borrowed from the E agency operated by the Defendant on the first floor of the D Building in Mapo-si to the victim on or before the 20th day of the same month, and the Defendant said that “The amount of KRW 60 million shall be refunded to the victim until January 25, 2012, and the amount of KRW 100 million shall be repaid to the victim, and 50% of the agency’s revenue shall be paid to the agent as the interest of the amount borrowed.” If the agent’s revenue is not repaid by the payment date, it shall be transferred to the agent.”

However, at the time, the Defendant was unable to deviate from the enemy each year from 2005, and the enemy did not have any property other than the above agency's goodwill up to 280 million won, and was already registered as a bad credit holder in 2009 with tax delinquency, even if he borrowed money from the victim, such as there was an amount of 200 million won or more, the Defendant did not have any intent or ability to pay the money, and the agency's goodwill also required the approval of the head office for the transfer of the business.

As above, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 20 million on the same day as the loan money from the victim, KRW 6 million on January 20, 201, and KRW 34 million on February 1, 201, respectively, and acquired KRW 60 million on the aggregate.

2. On November 2011, 2010, the Defendant embezzled the Victim C’s Embezzlement sold G passenger cars, a vehicle that can be purchased only in the name of the Defendant, the representative of the agent, to the victim at the time of purchasing only 30 million won.

In the middle of July 201, the Defendant: (a) received a request from the victim to sell the said vehicle on account of the fact that the said G vehicle was registered in the name of the Defendant; (b) sold the said vehicle to I engaged in the business of selling the said vehicle in the H Trading Complex on July 19, 201; and (c) sold the said vehicle to 2,8870,000 won, and down payment therefor.