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(영문) 대구지방법원 김천지원 2021.02.03 2020고단1065
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated C in the Gu and America from November 5, 2017 to August 2019.

1. On June 2018, the victim D Defendant tried to make an order for the cargo pumps, which he operates “B” to the victim D from the Defendant’s house located in the Gu-U.S. Sinsi, Sinsi.

50% of the total monthly profit shall be paid every month if the advance payment required to be paid to the manufacturing company is lent, and the principal shall be repaid after one year.

“The purpose of “ was to make a false statement.”

However, at the time, the Defendant was unable to prepare for business registration, authorization, permission, design registration, etc. for the sale of the uniforms, and was planned to use most of them for personal purposes, such as repayment of debts, living expenses, etc. with the money borrowed from the injured party, and there was no specific property or income on the part of the Defendant. Therefore, there was no intention or ability to pay the principal and profits promised to the victim.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred a total of KRW 25 million, including KRW 20 million around June 7, 2018, and KRW 5 million around June 21, 2018, to the Daegu Bank Account (F) in the name of the Defendant from the victim; and (c) transferred a total of KRW 25 million from June 21, 2018.

2. On March 2019, the victim G Defendant: (a) around March 201, the victim G extended bonds to the victim G.

b. The interest of 5% per month shall be paid on the loan of the seed money to B for bond, and the principal shall be repaid after one year.

The security deposit for C shall be provided as security.

“The purpose of “ was to make a false statement.”

However, at the time of operating the above put place stadium, the Defendant was causing approximately KRW 8.4 million monthly average sales and approximately KRW 2.7 million monthly average monthly sales, and KRW 1.8.6 million per month. Since September 2018, the Defendant was unable to pay rent for the above put place room, and the amount of rent was deducted from the deposit money so that the amount of rent was not different, and the Defendant was liable for a debt exceeding KRW 60 million to the Defendant.

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