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(영문) 전주지방법원 2018.06.20 2017고단2430
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 18, 2016, the defrauded of the borrowed money will be paid KRW 50 million in total by April 18, 2016, as the sum of KRW 30 million, to be supplied to the victim C at a mutually influoral cargo parking lot near the Busan Fluel High School located in the Dong-gu, Busan, and the sum of KRW 50,000,000,000,000,000,000,000,000 won, which was loaned to the extent that the funds for the operation of D gas stations are insufficient.

If the payment is not made within the period, it refers to the amount of KRW 50 million out of the deposit of KRW 70 million for the D gas stations, which shall be paid to the building owner with the amount of KRW 50 million.

However, the Defendant was a bad credit holder to the extent that he was unable to operate a gas station under his name at the time, and the balance of the financial account in actual use E was KRW 1,972,00,000,000,000,000 won for E and F, interest 1,50,000 won for E and F, and the personnel expenses for the gas station employees, etc., and the above D gas station was deemed to have been used for the repayment of personal debt, etc., so even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money to the victim within the period of the above agreement.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the injured party.

2. On August 11, 2016, the Defendant acquired oil proceeds by telephone from the victim at a closed space, and said, “A gas station is operated by a person who knows in and near the former three-dimensional body prior to North Korea, and transit 32,000 liters are delivered and will receive the price for transit on the next day after receiving the price for transit on the face.”

However, in fact, the Defendant exceeded his/her obligation as stated in Paragraph 1. Since H, who operates the above G gas station, thought to offset his/her claim for the above oil price against himself/herself without the consent of the injured party, the victim was in the above G gas station according to the direction of the Defendant.

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