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(영문) 창원지방법원 진주지원 2016.09.06 2016고단609
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C operated the “E” as well as the “E” of the manufacturing business of public machinery in the Seongbuk-gu, Changwon-si from 1997 to 2014.

1. A victim F-related crime committed on August 2013, 2013, when it was difficult for the Defendant to pay taxes, goods, etc. from the Defendant’s house located in Seongbuk-gu, Changwon-si, Changwon-si to make it difficult for the Defendant to engage in the business of E, and C said, around August 30, 2013, the Defendant said that “A victim F-related crime, who was aware of in the same place as neighboring, is liable to pay taxes, i.e., the Defendant would receive loans from the bank within one week after paying taxes if he/she borrowed KRW 15 million to the Defendant F-related crime.”

However, in fact, the Defendant and C did not have any intention or ability to repay the amount of taxes of KRW 1 billion at the time, and even if they borrowed money from the victim because there is no special property or income, such as the Defendant and C have been in arrears with the amount of taxes of KRW 1 billion, from August 14, 2013 to October 30, 2013, and have repaid the transferred amount of KRW 138 million on four occasions.

Nevertheless, around August 30, 2013, the defendant and C received 15 million won from the victim's account in the name of the defendant at around 16:14.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

2. On October 2013, the Defendant committed the crime related to the victim H stated that: (a) the Defendant was unable to pay taxes, goods, etc. due to the sudden progress of E’s business at the Defendant’s house located in Seongbuk-gu, Changwon-si; and (b) C was to lend business funds to C; (c) around October 16, 2013, the Defendant stated that “A victim H who was aware of the fact that he was neighboring at the above place as above, was liable to pay taxes to South and North Korea, and would receive loans from a bank within one to two months.”

However, the Defendant and C are in arrears with the tax of KRW 1 billion at the time, and from October 7, 2013 to December 16 of the same year.

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