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(영문) 인천지방법원 2016.05.25 2016고단323
사기
Text

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

Reasons

Punishment of the crime

From July 2012, the Defendant operated the agency of the following subparagraphs, “D agency (hereinafter “D agency”)” in Silung-si from July 2012, the Defendant had been operating the agency under the name of the Defendant’s father since it had not been able to enter into an agency contract under the name of the Defendant, since it had not been able to enter into an agency contract due to the lack of any other property.

In addition, at the time of August 18, 2014, the Defendant continued to maintain the proper state of business, and there was no particular import. In addition, at the time of the around August 18, 2014, the amount unpaid in Hyundai Plastic (State), the head office, in total of KRW 83,287,670.

1. On August 2014, the Defendant: (a) at the first patrol officer’s agency, the victim E lacks funds to operate the substitute occupation.

The loan of KRW 10,000,000 will change each month into KRW 900,000,000, and will pay KRW 4,000,000 per month as the benefit of the selective officer until full repayment is made.

The phrase “ makes a false statement.”

However, in fact, the defendant is in bad credit standing and the defendant's business maintains a sustainable state of interest, and even if he/she borrows money from the injured party, he/she did not have the intent and ability to repay.

Nevertheless, on the 11st of the same month, the Defendant received delivery of KRW 10,000,000 to the foreign exchange bank account (Account Number: G) in the name of the Defendant’s father.

2. It is difficult for the Defendant to conclude a renewal contract for the agency in the name of the victim E in the first patrol officer on August 2014, 2014, when the Defendant had to do so.

The business is registered under the name of the party and the business is allowed to be operated. It does not cause damage to the party.

In addition, it will allow a new agency to be operated directly by dividing or newly dividing the agency two years after one year.

The phrase “ makes a false statement.”

However, in fact, the Defendant was in bad credit standing, and the Defendant’s business was maintained in a sustainable state, and thus was unable to pay monthly rent for agents. On August 18, 2014, the Defendant’s headquarters was Hyundai Plastic (State), the head office of which was its head office, as of August 18, 2014.

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