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(영문) 의정부지방법원 고양지원 2019.05.30 2018고단2959
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On May 24, 2018, the Defendant was sentenced to a suspended sentence of two years on October 10, 2018 by a Seoul Southern District Court for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The judgment became final and conclusive on June 1, 2018.

【Criminal Facts】

"2018 Highest 2959"

1. Around May 31, 2016, the Defendant is the representative of the Company B (hereinafter “B”), and around May 31, 2016, the Defendant stated that “A cafeteria located in Jeju-si, and the victim F, who was introduced through E engaging in travel business, will use 100 million won as a loan for a day, return it, and transfer it to B.”

However, in fact, while operating a travel company and a chartered bus company at the time, the Defendant was liable for a total of 700 million won or more including the chartered bus payment, etc., and had been in an economic difficult situation, such as default of taxes due to accumulated operation of the enemy, while the property owned or the revenue alone was difficult to fulfill the obligation. Therefore, even if the Defendant borrowed the money from the victim, there was no intention or ability to transfer the money to the travel company along with the repayment of the borrowed money.

Ultimately, the Defendant, as seen above, was accused of the victim and received KRW 100 million from the victim on or around June 2, 2016 as the borrowed money.

2. The Defendant continued to commit the following crimes even if he/she did not have the intent or ability to pay the victim additional money or bear the debt due to the continuation of the foregoing economic situation.

On June 30, 2016, the Defendant stated that “If the Defendant lent KRW 20 million to a Chinese tour, the Defendant would receive a Chinese tour and offer Chinese tourists to a duty-free shop after having received and would pay advance payment.” The Defendant received a remittance from the victim to the H association account in the name of the Defendant’s wife G to KRW 20 million.

B. The Defendant.

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