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(영문) 서울북부지방법원 2017.08.30 2016고단5450
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

From January 2012, the Defendant got the trade name of “F” in Seoul Northern-gu, Seoul, and performed interior works and construction works for stores and housing. Although construction equipment and machinery, etc. were almost nonexistent, cash and other assets which were kept in a savings account, and there was a growing number of debts, but it was difficult for the Defendant to secure daily depreciation, and even if the construction works were carried out in a lump sum, there was an increase in the cumulative burden of liability without any accumulated profits, and even if the construction works were carried out in a situation where it was difficult to prepare the initial operating funds and construction materials for the victims to the extent that it was difficult for the Defendant to receive the principal and interest, etc. even if borrowing money, it would be difficult for the Defendant to normally pay the principal and interest to the victims as agreed upon, and thus, it would be difficult for the Defendant to receive the principal and interest from the contractor or the Defendant to return the money to the Defendant as if the Defendant were friendly to make a loan or to make an investment based on trust in postal administration and the Defendant’s trust, it would be difficult for the Defendant to receive the principal and interest from the contractor.

1. On August 5, 2015, the criminal defendant against the victim G calls to the victim at an unspecified place, and the facts did not have the intent or ability to pay money to the victim. In particular, around that time, it is difficult to continue the life-sustaining business due to the bad financial standing.

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