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(영문) 서울동부지방법원 2018.06.26 2017고단1250

사기등

Text

The sales proceeds of 2017 Go-dan 1250 Go-dan 1, 250 Go-dan 1, 200, and 2,00 Go-ski around May 2015.

Reasons

Punishment of the crime

[Defendant’s status and criminal records] The Defendant, while operating a sales store of the trade name of “C” as an individual entrepreneur from “C” in Namyang-si, Namyang-si, 2014, was prosecuted on December 16, 2014, and was detained by the Seoul Central District Court on the same day, and on February 13, 2015, he/she was sentenced to a suspended sentence of one year in imprisonment with prison labor and on June 19, 2015.

Although the defendant had been detained due to failure in the above business as above, since the personal debt amounted to 2.5 billion won, the defendant did not have the intent or ability to repay the amount even if he borrowed the amount from others, and even if he sold the boats received under the entrustment of sale, he did not pay the amount to the truster because it was used for repayment of other debts or living expenses.

Even after release as above, the Defendant operated a sales store such as “C”.

[Criminal facts] 2017 Highest 1250

1. Fraudulents and occupational embezzlements against victims D;

A. On October 28, 2014, the Defendant was transferred KRW 50 million in the name of the borrowed money to the F bank account under the name of “E” on the same day from the victim, by falsely stating that the Defendant would repay the victim D with the proceeds of lending the expenses to be incurred in importing the U.S. vessel.”

However, in fact, the defendant used the above borrowed amount of KRW 50 million for G card payments and the purchase price for a motor vehicle, and there was no intention or ability to repay even if he borrowed the borrowed amount from the injured party, because he was under the investigation of Bot Lease fraud with excessive debts at the time.

Accordingly, the defendant, by deceiving the victim, acquired KRW 50 million.

B. On May 2014, the Defendant was in the custody of KRW 90 million at around 25 feet market price owned by the victim for business purposes.