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(영문) 수원지방법원 2016.05.19 2016고단367
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2016 Highest 367"

1. On October 2008, the criminal defendant against the victim B made an investment in money from the "E" restaurant operated by D in the wife population C at Chicago-si on October 2008 to the victim B through D in the "E" restaurant operated by D.

“.........”

However, even if the defendant received money from the injured party, he thought that he would use it as his business fund, and he did not intend to make an investment in the Housing Public Offering.

On October 2, 2008, the Defendant acquired money from the injured party through D to the national bank account in the name of the Defendant’s wife F through D under the name of the purchase price for the public offering house in the around 2, 2008.

"2016 Highest 772"

2. Fraud against victim D;

A. On June 3, 2008, the Defendant of fraud around June 3, 2008, at the above “E” restaurant operated by the victim D around June 3, 2008, the Defendant would be repaid to the victim on June 10, 200 if he/she lent the funds of KRW 20 million with his/her father’s full-time lease.

“.....”

However, the defendant did not have an intention or ability to repay the money even if he borrowed the money from the damaged party due to economic difficulties, such as the failure to recover the claim for the construction cost due to the failure of the defendant's management at the time.

The defendant received cash of KRW 20 million from the damaged person on the same day, i.e., cash from the damaged person on the same day.

B. Around September 2008, the fraud Defendant stated that “The Defendant would first pay KRW 2,1960,000,000,000,000,000,00 won, out of KRW 30% of the total auction price of 73,200,00 won, to the victim at the above “E” restaurant (E) around September 2008.

However, the defendant was at the time in a situation that is economically difficult, such as the statement 2-A at the time, and used the above money for personal debt repayment.

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