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(영문) 대전지방법원 천안지원 2016.06.17 2016고단281
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from January 1, 2005 to March 13, 201, operated the Intermarket of the trade name called “D discount marina” in Namyang-si, Namyang-si.

Around June 2005, the Defendant entered a large discount package market, etc. in the vicinity of DD discounts, and the sales of DD discounts have been rapidly decreased. Around 2007, the Defendant continued to operate DD discounts without any choice but there was no person who intended to purchase DD discounts. From 2007, the Defendant was operating DD discounts by means of dismissal and 24 hours with children to reduce costs.

For this reason, the Defendant received a loan of approximately KRW 30 million from DD operating funds, and paid at least KRW 10 million monthly interest, such as paying at least KRW 2.5 million per month, and the cost of operating fee, etc. on the other hand, while sales did not reach this, and thus, the Defendant did not have any intent and ability to repay the loan even if he borrowed money from the victims.

1. On July 9, 2008, the Defendant committed the crime against the victim E at the above DD discount, hiding the fact that the management difficulties of Mart had been severely accumulated and the debt has been accumulated, and can be punished for the proceeds of selling money to the victim E, and if the funds have been lent money to the victim E, the Defendant would pay the principal at any time.

“A false statement to the effect that it was received KRW 15 million from the damaged party on the same page, as indicated in the list of crimes, including the transfer of KRW 15 million from the damaged party on the same page, and received delivery of KRW 110 million in total nine times from the above day to December 22 of the same year.

2. On October 26, 2010, the Defendant committed a crime against the Victim F with respect to the victim F, with the concealment of the fact that the management difficulties of the Mart was serious and accumulated, thereby running the Mart at a discount.

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