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(영문) 서울북부지방법원 2015.11.06 2015고단1522

사기

Text

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

Reasons

Punishment of the crime

The Defendant, from around 2005, was a person who had been bad credit, operated an enterprise selling scientific equipment under the trade name of “E”.

Around 2011, the Defendant was faced with financial difficulties to file a petition for bankruptcy, and the Defendant was faced with financial difficulties to file a petition for individual rehabilitation.

Accordingly, the Defendant had the intent to acquire money under the name of investment money by pretending that the above “E” actually benefits.

1. Around November 2011, the Defendant entered into a false statement that, “The Defendant would pay KRW 50 million to the Victim G with monthly income by operating the Company, 250 to KRW 3 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, even if the defendant received the above money from the victim, he used it as a down payment or thought to use it as a foreign gambling fund among the costs of moving from the above H apartment from Dongdaemun-gu H apartment to I apartment, and did not think that it would be used as the purchase price of goods. As seen above, the defendant was in the process of individual rehabilitation application without adding up the net profits from the sale of scientific equipment, so it was not clear that it could distribute the profits accrued from the "E".

In such a manner, the Defendant, by deceiving the victim, was issued a total of KRW 50 million, including KRW 10 million on November 7, 201, KRW 10 million on December 1, 201, KRW 10 million on December 1, 201, KRW 13.20 million on the same month, and KRW 14.1 million on the 14.1,000 on the same month, and acquired it by deception.

2. The Defendant was guilty of 27 million won in the name of the recovery of the vehicle against the Victim G, Seoul, on July 2012.