(영문) 수원지방법원 2021.02.17 2020고단6823

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(영문) 수원지방법원 2021.02.17 2020고단6823

사기

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

Reasons

Punishment of the crime

[criminal record] On January 12, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for the purpose of preventing general buildings and fire, etc., and the judgment became final and conclusive on January 20, 2012.

[2] On October 19, 2010, the Defendant: (a) around October 19, 2010, at the construction site of “C cafeteria” located in Seocho-gu Seoul Metropolitan Government, and (b) transferred the victim D to operate a restaurant together with another person; (c) the Defendant lent KRW 40,000,000 at the interior of the class; (d) the amount of KRW 40,000,000 shall be deducted immediately; and (c) the amount of KRW 3,800,000 shall be paid in 12 months from the following month.

“.....”

However, at the time, the Defendant was delinquent in paying a large amount of taxes, such as KRW 11,157,720, total income tax, KRW 3,175,320, and KRW 225,00,00, in addition to the Defendant’s default of taxes for a considerable period of time. In addition, the Defendant was willing to pay the amount of taxes for financial institutions, such as loans of KRW 225,00,00,00, to E, with the intent to pay the personal debt. Although the Defendant was to operate the said C cafeteria as a partnership with F and the Defendant had no capacity to raise funds, it was merely an agreement that the Defendant agreed to receive a part of the amount of profits under the condition that the Defendant would be able to use the trade name of the “C cafeteria” on the condition that the Defendant would be able to use the name of the headquarters prior to the expansion of the “C cafeteria cafeteria.” Thus, it was uncertain that there was no intention or ability to pay the victim according to the agreement.

The Defendant deceivings the victim as above, and was transferred KRW 36,00,000 to G bank account (H) in the name of the Defendant from the victim.

Summary of Evidence

1. Each police statement made to D or F;

1. A criminal investigation report, and a criminal investigation report;

1. process certificates, copies of passbooks, Tongbooks, Dong business partnership contracts, notification of termination of chain store franchise agreements, credit information history, and

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