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(영문) 의정부지방법원 2014.03.21 2013고단3252
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 3, 2013, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the District Court, which became final and conclusive on January 16, 2014.

Around January 14, 2013, the Defendant made a false statement to the victim D that “The Defendant shall purchase and sell the clothing from dumping in a large quantity, which he/she purchased, and then sell once again. The money is flured. The Defendant shall lend money to flur, and the interest shall be paid to 5-20% of the principal amount.”

However, the Defendant, while engaging in the wholesale and retail business of dumping, has a debt equivalent to KRW 96,590,000 to E, and the Defendant had a debt to F to a large number of debtors including KRW 29,00,000,000 and KRW 75,000,00,000 to G, and was under the circumstance of deceiving each obligee to sell the anti-dumping goods and using it to repay to other creditors, etc. Accordingly, even if the Defendant borrowed the money from the victim, the Defendant only thought that he/she would pay his/her debt to a large number of creditors, but did not have any intent or ability to sell the anti-dumping goods and to repay the borrowed money with such profits.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim’s agricultural bank account (Account Number: H) in the name of the Defendant.

In addition, the Defendant received a total of KRW 160 million from the victim 19 times in total as shown in the attached Table 1, as well as from the above date to January 29, 2013.

"2014 Highest 378"

1. The Defendant is a person who operates the “I” as the clothing wholesale and retail chain in Guri-si.

On June 17, 2013, the Defendant suggested to the effect that “L” office operated by the victim K in Seoul Special Metropolitan City, Nowon-gu, would pay KRW 2,300 per each diversity to the victim immediately after the delivery of the diversity to the victim.”

However, at the time of fact, the defendant's personal obligation reaches approximately KRW 300 million and monthly.

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