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(영문) 춘천지방법원 속초지원 2014.03.19 2013고단584
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 28, 2009, the Defendant was sentenced to four months of imprisonment for fraud in the Gangseo branch court of the Chuncheon District Court, and the execution of the sentence was terminated on December 27, 2009.

1. Around February 2, 2012, the Defendant made a false statement with regard to the victim D that “F” operated by the victim D, a Sincho-si, Sincho-si, would lend money to the victim, “I will pay the victim a full payment in the name of the victim if the money is urgently needed.”

However, in fact, the Defendant had been in a very difficult situation, such as the seizure of the bank account due to not only the employees’ benefits but also the health insurance premiums or shortage, and all the money he had invested in Cambodia, but also did not have the cost of manufacturing the “fluorine” to be sent to the factory, so it was difficult at any time to avoid the commencement of factory operation. Since the operation of the crubing business originally operated did not have any money, it did not make any profits because it was impossible to purchase the crub, and there was no other property or any particular income from the victim, so even if he borrowed money from the victim, he did not have any intent or ability to complete payment.

Accordingly, the defendant deceivings the victim as such and obtained 20 million won as a loan from the victim, i.e., the victim from the seat, and acquired it by fraud.

2. During the course of operating H, the Defendant, in relation to the Victim G, intended to invest in the master factory in Cambodia, while importing the steering gear, and had no longer thought to import the steering gear, he was in mind to receive an investment from the Victim G as if he would import the steering gear and make profits therefrom.

On February 28, 2012, the Defendant stated, “The Defendant, at the H Office, the Defendant, in Gangwon-gu, operated on February 28, 2012, that “The Defendant would make an investment in the importation of lighting. If an investment is made, KRW 10 million shall be paid with the monthly revenue, and the principal shall be settled at the end of each year.”

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