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(영문) 서울남부지방법원 2014.09.18 2014고단2636

사기

Text

A defendant shall be punished by imprisonment for 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 April 12, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Punishment of Tax Evaders Act by the Seoul Western District Court, and the judgment was finalized on April 20, 2012.

【Criminal Facts】

1. On September 7, 2007, the fraud defendant made a false statement to the victim D at the office located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul on September 7, 2007 that "if he/she lends 13 million won as he/she needs to pay the money, he/she shall pay it within three months."

However, the facts are that the defendant operates a factory.

Around May 2006, a person with bad credit standing was not only a person with bad credit standing but also a person with bad credit standing exceeding 180 million won, so even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money.

The Defendant received from the victim i.e., KRW 13 million.

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

2. On January 4, 2008, the Defendant was a person who actually runs a new distribution company in the name of "F" from around December 2006, Gyeyang-gu E, Gyeyang-gu. The victim is a representative in the name of the said company from December 10, 2007.

On January 4, 2008, the Defendant, at the above F Office, made a false statement that “The Defendant signed the lease contract in order to lease an Abred vehicle under the name of F Corporation, and the house lease amount is to be paid normally within the country.”

However, the facts are that the defendant operates a factory.

Around May 2006, the name of the representative director was borrowed under the name of the victim due to the bad credit standing, and the amount exceeded KRW 180 million. Thus, even if the lease contract was concluded above, there was no intention or ability to pay the lease fee normally.

On September 9, 2009, the Defendant had the victim sign on the joint and several guarantee column of the lease use contract at the seat, and had the victim pay the lease fee of KRW 3,032,000 on September 15, 200, and the lease fee of KRW 5,000,000 on September 15, 200.

This is the defendant.

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