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(영문) 인천지방법원 부천지원 2016.07.14 2015고단472
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant had caused many damages to the victim C and D while operating the main points, and thereafter, had no intention or ability to normally operate the clothing store, even if the Defendant received investment funds from the victims due to the lack of any particular income due to the business depression, and due to the lack of funds, there was no intention or ability to normally operate the clothing store.

On January 1, 2014, the Defendant offered to the victims that “if the Defendant opens and runs a store larger than the previously operated clothing store, he may purchase a kind of goods at a much lower price than that of the Republic of Korea if the Defendant purchases a variety of goods from a foreign country, and if the goods are sold online, he may raise profits of KRW 10 million per month.” The Defendant offered to the victims C that “the Defendant would additionally make an additional investment of KRW 15 million, including the purchase cost of clothing, which would reduce the KRW 10 million from the previous loan to the investment amount.” The Defendant offered to the victims D that “The victim D would make an investment of KRW 25 million, such as the purchase cost of clothing, etc.”

On January 26, 2014, the Defendant continued to make a false statement in the office located in Bupyeong-gu, Seoul Special Metropolitan City, Nowon-gu, and on the same day, the Defendant received KRW 2.5 million from the above damaged person to the C bank account in the name of F (Account Number: G) in the name of the purchase price of clothes and received from the above damaged person from the above damaged person from the F bank account under the name of F (Account Number: G) from that time.

4. Until December 25, 200, 700,000 won was acquired in total as the purchase cost of clothing as shown in the list of crimes attached hereto.

2. The criminal defendant against the victim H had no intent or ability to repay the above even if he/she borrowed money from another person due to excessive debts and business depression, as described in paragraph 1.

A. On November 2013, 2013, the Defendant had a lot of money lent and received from the Defendant to the Defendant as aground for the interest from the Plaintiff’s loan to the Plaintiff due to the purchase of the items abroad, and the shortage of the price.

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