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(영문) 대구지방법원 서부지원 2021.02.16 2020고단2008
사기
Text

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

However, the execution of the above sentence 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 has been engaged in waste treatment business under the trade name called "C Cooperatives" in the Seongbuk-gun, Seongbuk-gu.

1. On June 11, 2019, the Defendant is expected to sell the machinery at the same time as crushing and crushing to the victim in the victim E’s residence located in the Ganbuk-gun, Chungcheongnam-do around June 11, 2019.

This machine remains 20 million won by directly selling it, and a large profit is generated by installing it in the factory.

On August 30, 2019, when lending money necessary for the purchase of machinery, the principal and the profits will be paid in full until August 30, 2019.

“A false statement was made to the effect that it was “.”

However, in fact, even if the Defendant received a loan from the injured party while he was liable for a loan and a tax amount exceeding KRW 170 million at the time, he was expected to use the machinery for the personal purpose, such as the repayment of personal debts, not for importing the machinery in China. Thus, even if he received the money from the injured party, the Defendant did not have the intent or ability to pay it as agreed upon.

Nevertheless, on June 12, 2019, the Defendant had been delivered a copy of KRW 15 million and KRW 15 million check as the borrowed money from the victim by deceiving the victim and deceiving the victim as above.

2. On June 13, 2019, the Defendant, in the name of the purchase of recycled products, left a profit of KRW 3 million in the victim E’s residence located in the Ganbuk-gun, Chungcheongnam-do around June 13, 2019.

If investment is made in KRW 20 million, the total amount of principal and revenue will be paid up to June 22, 2019.

“A false statement was made to the effect that it was “.”

However, in fact, even if the Defendant received the investment from the injured party while he was liable for a loan and delinquent tax amounting to a total of KRW 170 million at the time, it does not result in the recovery product, but will be used for the personal purpose, such as the repayment of personal debts.

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