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(영문) 인천지방법원 2017.03.29 2016고단9151
사기
Text

A defendant shall be punished by imprisonment for four 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

[Criminal history] The Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Seoul Northern District Court on October 18, 2013, and the judgment became final and conclusive on October 26, 2013.

[Criminal facts]

1. On March 30, 2013, the Defendant: (a) around March 30, 2013, the Defendant acquired the “E E” in Seoul Gwangjin-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) in a non-commercial restaurant located in the Dongjak-gu, Seoul Special Metropolitan City, 38; and (b) lent KRW 20 million to the victim C and D for the purchase of goods; and (c) performed the open event.

In addition, if the amount of money exceeds the amount of 80 million won directly in E-art Co., Ltd., the new World Co., Ltd., which operated the above E-art to the extent of one-month, the amount of money can be paid.

“A false representation was made.”

However, the facts did not confirm the existence of the Mart acquisition plan on the part of E-art Co., Ltd., and did not have any economic ability to acquire and operate E-art because it was a bad credit holder at the time. Therefore, even if the victims borrow money from the victims, there was no intention or ability to pay the money.

Around April 1, 2016, the Defendant deceivings the victims as above and transferred KRW 20 million to the bank account in the name of F, the Defendant, as the cost of purchasing goods from the victims, to the bank account in the name of F, the Defendant’s children.

2. The Defendant, who committed the crime of April 13, 2013, is to complete payment from the “E EE” located in G in Gwangjin-gu Seoul Special Metropolitan City around April 13, 2013 to the said victims if the amount of credit is leased to the said victims.

“A false statement” was made.

However, there was no intention or ability to repay the money from the victims for the reason of Paragraph 1.

As above, the defendant deceiving the victims and deceiving them from the victims for the same day, and one million won is the national bank account under the H's name as the business operator registration of the EM for the purchase of goods on the same day.

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