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(영문) 수원지방법원 안양지원 2017.05.25 2016고단915
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 14, 2014, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violation of the Narcotics Control Act at the Incheon District Court, and on February 22, 2014, the said judgment became final and conclusive. On April 24, 2015, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for 8 months at the Incheon District Court for fraud, and on May 2, 2015, the said judgment became final and conclusive.

Criminal facts

1. Around February 7, 2012, the Defendant made a false statement that “E” operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon, is running a sales business for the Defendant with the victim’s “F president (F)” on newly-built loan 19 bonds (a total amount equal to 40 billion won) located in Jongno-gu Seoul, Jongno-gu, Seoul. On the other hand, the Defendant would have paid back when the amount of the profits between Cho Man-do entered, and first, the Defendant would have changed the number of foreign loan 1.”

However, in fact, it is unclear that the building newly built in Jongno-gu Seoul Metropolitan Government was owned by another company with no relation to the defendant and the F president, and that the defendant and the F president are in charge of the sales business of the relevant loan, so there was little room for the defendant and the F president to bring profits through the sales business. Furthermore, the defendant did not have any particular property or income, and even if the defendant was in the middle class of the first class of the loan from the victim, he did not have the ability to pay the amount.

On February 7, 2012, the Defendant obtained from the injured party the delivery of 38 million won merz C200 vehicles (number omitted) at the market price of 38 million won from the injured party and acquired it by defrauded.

2. On February 2012, 2012, the Defendant conducted a sales business with the victim D with the person who is the president of FF (F) and the person who purchased new loan 19 debentures (the total amount of 40 billion won) located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul. The Defendant: (a) required business funds; (b) required the company funds; (c) required the company company to be placed on the company’s security; and (d) demanded the company to obtain a loan; and (c) requested the company to obtain a loan from the company; (d) the loan will be repaid if the profits between 10,000 are entered.

“....”

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