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(영문) 춘천지방법원 2019.05.15 2018고단890

사기

Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Punishment of the crime

On July 27, 2018, the Defendant was sentenced to a suspended sentence of one year of imprisonment with labor at the Incheon District Court for fraud, etc. and the judgment was finalized on April 19, 2019.

On September 8, 2017, the Defendant made a false statement to the effect that “C” in the “C” operated by the Defendant in Jung-gu Incheon Metropolitan City, Jung-gu, means that “When funds are additionally needed for the operation of the Pice Center, 120 million won will be additionally loaned, 50 million won will be transferred as security, and 4 million won will be paid monthly settled profit, and the principal will be fully repaid within one year.”

However, the Defendant did not have any intent or ability to complete the lease even if he borrowed money from the victim, because the Defendant was unable to pay the monthly rent of the building at the time, and the lease deposit was deducted from 25 million won or more. From October 2016 to April 2017, 2016, the total amount of employees' wages was overdue 9.77 billion won, and the auction on the house is being conducted.

As such, the Defendant, by deceiving the victim as such, received KRW 120 million from the victim as the borrowed money in the same place, and acquired it by deceit.

On December 9, 2016, the Defendant concluded that “C” in the “C” operated by the Defendant in Jung-gu Incheon Metropolitan Government on December 9, 2016, the Defendant would distribute 30% of the profits of the Enice Center and return the investment principal after one year.”

However, at the time, the Defendant was unable to pay KRW 20 million out of the deposit for lease of a building of the above Egyptian Center. The Defendant failed to pay KRW 15 million out of the deposit for a sports organization, and was proceeding with the auction procedure of the sports organization. On October 2016, the Defendant did not have any intent or ability to pay KRW 30% profits and 45 million of the investment principal even if he/she received an investment payment from the victim, such as delayed payment of the total amount of wages of 4.8 million.

The defendant deceivings the victim and is under his control.