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(영문) 인천지방법원 2014.01.06 2013고단2289
사기
Text

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

Reasons

Punishment of the crime

1. Around August 1, 2011, the Defendant, at the victim D’s office located under the C Building 401, ordered the victim to “If the Defendant leased KRW 3 million to the Defendant, as the Defendant did not have money to directors, he would have the Defendant make reimbursement within a number of days.”

However, the defendant did not have the intent or ability to repay money even if he borrowed money from the victim because the amount of tax that he did not pay to the National Tax Service at the time is extremely economically difficult to do so.

The Defendant, as such, by deceiving the victim, received 3 million won from the victim to the account in the name of F, which is the child of the Defendant, on the same day.

2. On September 8, 2011, at the same place as indicated in paragraph 1, the Defendant told the victim D to the effect that “If the Defendant lent KRW 40,00,000 to the victim D by September 21, 2011, the Defendant’s husband G in Japan would pay KRW 40,000,000. The Defendant’s husband G in Japan would make an investment of KRW 00,000,000,000 to the Defendant’s capital, and would make the main complex business in the Geumdong-dong.”

However, in fact, the Defendant was not in a situation in which the amount of taxes not paid to the National Tax Service at the time was extremely economically difficult, and the account transaction was practically impossible, such as the seizure of the account due to the above default of national tax, and thus, the Defendant did not have an intent or ability to repay the amount of taxes to the victim, even if the former Geumam-gu Complex Project was not actually invested.

The Defendant, by deceiving the victim, received money from the victim on September 9, 201, from the victim to the account in the name of F, which is the Defendant’s child.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. The entry of some of the prosecutorial records into the suspect examination protocol against the defendant and the E;

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