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(영문) 인천지방법원 2020.01.16 2018고단2676
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 prepared a false sales contract with a price lower than the actual purchase price of the clothing when operating the clothing brokerage and wholesale and retail business chain (ju) in the name of B, and tried to receive a loan as security, as the funds are required for the repayment of debts that had been already borne by the Defendant.

1. On April 1, 2016, the Defendant submitted a written contract with the victim E office located in Seocho-gu Seoul Metropolitan Government, stating that ① the Defendant purchased 4500,00 won from F on December 23, 2015 from 22,50,000 won, ② the Defendant purchased 60,000 won from H on March 31, 2016 from H to 276,000,000 won, the Defendant provided personal aid 383 punishment and 6,000 won as movable property, and entered into a contract with the Defendant on December 23, 2015 with the terms and conditions that “the claim amount shall be KRW 45,50,000,000,000,000 with the principal interest rate of KRW 35,50,000,000,000 as joint and several surety, B, and 30,000,00 won.”

However, in fact, since the Defendant purchased from F the personal aid volume of KRW 99 million, and the Defendant actually failed to pay the price of KRW 40 million to F, the written contract with the effect that he purchased the price of KRW 22.5 million was prepared by arbitrarily installmenting the unit price by the Defendant, and the personal aid ground that he purchased from H was also equivalent to KRW 170,000,000 and KRW 276,000,000,000,000,000,000,000 was arbitrarily drawn up by the Defendant. At that time, the Defendant was unable to engage in economic activities under the Defendant’s name due to bad credit, and at the same time, the financial right debt of KRW 10,000,000,000,000,000,000,000,000,000,000,000,00 won was paid by the Defendant under the Defendant’s name.

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