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(영문) 의정부지방법원 2020.04.23 2019고단2629
사기
Text

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed against the defendant.

Reasons

Punishment of the crime

On April 27, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud at the District Court for the District Court, and the judgment became final and conclusive on July 22, 2015.

The Defendant proposed that the victim B, who had no experience in the operation of the gas station around November 2014, who operated the gas station as a partnership business in Seocheon-si, Gyeonggi-do, the Defendant invested KRW 29 million on December 19, 2014 and operated the gas station business from January 7, 2015 to April 2015.

Before running the business with the victim, the Defendant was willing to lend money apart from the above investment.

The Defendant: (a) On November 2014, 2014, the Defendant: (b) purchased 40-50% maw from the 40-50% maws to the south; (c) purchased 20,000 liters by adding 9.5 million won to 9.5 million won; and (d) sold 20,000 won and repaid all principal and half of profits within 45 days at the latest; and (b) continuously, on December 2014, the Defendant purchased 50,000 won from 20,000 won and added 20,000 won to 550,000 won, and paid all principal and profits within 45 days at the latest.”

However, under the circumstances where it is not sufficient to repay most of the damage amounting to KRW 77 million in the fraudulent defendant's case, which was leading to the declaration at the time, the victim was merely willing to present high-income profits by undermining illegal tax-free transactions, and to consume borrowed money for the personal purpose, and there was no intention or ability to repay the principal and high-rate profits as promised.

As above, the Defendant, by deceiving the victim, received KRW 9.5 million on December 2, 2014 from the victim as the borrowed money, and KRW 29.5 million on December 31, 2014 from the Defendant’s agricultural bank account respectively, and acquired KRW 2,9.5 million on a total by deceiving the victim.

Summary of Evidence

1. Second installment;

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