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(영문) 의정부지방법원 고양지원 2017.12.14 2017고단1050
사기
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 1050" is a person who operates (ju) G in the bonded warehouse business.

1. On December 2014, the Defendant would pay 2,500,000 won per month to the victim F (the 42-year-old) office in Jung-gu Incheon, Jung-gu, Incheon, for a period of one year. The Defendant would pay 2,50,000 won per month to the victim F (the 42-year-old).

“The phrase “ was false.”

However, at the time, the Defendant was financially unable to pay the employee’s benefits, various taxes, equipment installments, etc. due to the difficulties in the operation of the G, and even if the Defendant borrowed money from the damaged party to the amount of KRW 900 million, such as borrowing KRW 430 million from the land in relation to the freezing warehouse business, the Defendant did not have any intent or ability to pay the interest and principal properly.

As above, the Defendant deceivings the victim as above, and acquired KRW 120 million in total under the name of the Defendant’s J account from the victim on December 17, 2014, KRW 20 million on December 22, 2014, KRW 30 million on December 24, 2014, KRW 20 million on December 30, 2014, KRW 20 million on December 30, 2014, and KRW 40 million on December 31, 2014.

2. On December 30, 2014, the Defendant called the above victim at the above office around December 30, 2014, and “a business entity that imports the North Korean People’s Republic of Korea is unable to comply with customs clearance because there is no commission

The principal will be repaid along with interest as the goods are sold because the goods have been leased with money.

“A false statement” was made.

However, in fact, even if the Defendant received money from an importing company after the completion of customs clearance, the Defendant did not have any intent or ability to pay interest and principal as agreed to the victim, as he/she wishesed to use it to pay debt such as the payment of corporate tax, business expenses of the company, and new construction of Thai loan.

On December 31, 2014, the Defendant, by deceiving the victim as above, received 60 million won from the victim through the above J’s account from the victim, and acquired 60 million won as the borrowed money.

3...

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