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(영문) 수원지방법원 여주지원 2015.02.02 2014고단55
사기
Text

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

Reasons

Punishment of the crime

When a large amount of debt is accumulated and the house taxes, etc. are urgently needed in paying the fraternity, the Defendant had no intent or ability to pay the fraternity, and had the victim B subscribed to the foot number system of KRW 20 million and had the ability to collect the fraternity in advance.

1. On January 10, 2013, the Defendant stated that “A” in the Defendant’s operation “D” in Dongdaemun-gu Seoul, stating that “A deposit will be paid to the victim as it would be paid by raising the deposit for the first time, and that, first, if the Plaintiff paid the deposit KRW 20 million, the remainder will be paid without paying the deposit.”

However, as above, the Defendant did not have any intent or ability to pay the payment, even if he received the payment from the victim because he did not have any intent to use the payment as a security deposit even if he borrowed money from the victim.

After all, the Defendant, as seen above, was transferred from the victim to the new bank account in the name of the Defendant on the day.

2. On June 18, 2013, the Defendant stated, “In the knives restaurant for the operation of the Defendant, the Defendant would pay two accounts of two accounts to the Defendant, “If the Plaintiff fails to reach an agreement to enter into an agreement rapidly due to an accident, the Plaintiff would take prisons if the agreement was not reached, and the agreement would take place once more at the end of the week.”

However, in fact, the defendant's son paid approximately KRW 200,000 to repair costs due to a minor contact accident, and the defendant's son was not in need of agreement with respect to the defendant's son, and the defendant did not have the intent or ability to pay the fraternity as agreed even if he received the fraternity from the victim as the need was to pay the unpaid debt.

Ultimately, the Defendant is the same day as the victim belongs to the victim as above.

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