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(영문) 창원지방법원 2017.01.24 2016고단3256
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who operated the “E gas station” located in Kimhae-si from December 2, 2013 to October 2014.

1. The accused against the victim F was leased and operated by G Co., Ltd. at KRW 150,00,000 and monthly rent of KRW 3,330,000;

H decided November 2013, 200, 200,000 won, the pertinent gas station was accepted and operated, but there was no property or funds particularly held at the time, thus making payment of the acquisition amount until June 2014. At the time of lease, there was no intention or ability to pay the said purchase amount properly even if the operation of the gas station and the lending of money from the injured party was made.

A. On December 9, 2013, the Defendant: (a) within the “E gas station” as of December 9, 2013, the Defendant intended to acquire and operate the gas station E with capital of 200 million won; (b) paid a lease deposit of KRW 150 million; and (c) there is insufficient operating funds.

If you lend money, you would pay 1% interest per month, and the principal shall be paid after 2 years, and 50,000,000 won as a check was immediately paid from the injured party.

B. On March 31, 2014, the Defendant, within the aforesaid “E gas station”, concluded that “The Defendant would lend the victim with money for operating the gas station to pay two installments monthly interest, and the principal would be repaid after two years,” and received KRW 36,00,000 as a check immediately from the victim’s face to the victim.

(c)

On June 27, 2014, the Defendant received KRW 14,00,000 from the Defendant’s corporate bank account (J) in the name of the Defendant’s wife, immediately from the victim, on the following grounds: “Around June 27, 2014, the Defendant borrowed the Defendant with money for a shortage of operating capital, and paid the principal to him/her at once every two years,” and received from the victim KRW 14,00,00 from the Defendant’s corporate bank account (J) in the name of the Defendant’s wife.

In this respect, the defendant is in total from the victim F.

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