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(영문) 서울북부지방법원 2018.12.19 2018고단1441
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on December 25, 2015 for the crime of violation of the Punishment of Tax Evaders Act in support of the Suwon Friwon.

1. On October 10, 2015, the Defendant stated that “C” in the coffee shop called “C,” located in the Southernbuk-si B prior to North Korea, “on the last stage of the study in the Switzerland, it is now at the end, and if the business fund is insufficient, the Defendant would pay 6.8 billion won with the money borrowed from the Switzerland government on December 17, 2015, and pay 17 billion won per each month from January 17, 2016 in return for the loan of money.”

However, the Defendant did not have any profit at all due to the fact that the study project promoted at the time did not properly proceed, and there was no contract for the study project with the Switzerland government, so there was no plan to receive the money from the Switzerland government, and there was no intention to use the money received from the victim for the repayment of his/her debt, so even if he/she borrowed the money from the victim, the Defendant did not have any intention or ability to pay the principal and interest to the victim with the money from the Switzerland government.

The Defendant, as such, made a false statement to the victim and received a remittance of KRW 100 million, including KRW 30 million on October 12, 2015, KRW 10 million on October 26, 2015, KRW 60 million on October 26, 2015, and KRW 100 million on November 24, 2015.

2. On November 28, 2015, at the place indicated in paragraph 1 of the same Article, the Defendant stated, “The Defendant: (a) was aware of the Navy Commander, the Minister of Education, and the employees of the six departments, who carried out ordinary golf in Scour and carried out in Scour with the victim; and (b) that the study project would generate profits of KRW 6.8 billion at the very successful stage; (c) no less than but more than KRW 2 billion should be deposited, and (d) further to lend KRW 100 million.”

However, the defendant is the Switzerland Navy Commander, the defendant.

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