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(영문) 서울동부지방법원 2016.02.17 2014고단3154
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On May 2, 2012, the Defendant, along with wife C, concluded on May 2, 2012 that “The Defendant purchased the same product as D and exported it to Thailand” to the Victim F, “The Defendant would pay the five-month interest per month if the business fund to purchase the product is insufficient, and the principal will be repaid six months later.”

However, in fact, even if the sales of a company operated by the Defendant from January 2012 to December 2013, when the Defendant was operating the company from G, the Defendant did not have any intent or ability to pay the principal more than six months after paying interest every month, even if he/she borrowed money from the damaged party as the proceeds make it difficult to meet the interest and operating expenses of the company due to the excessive amount of KRW 120 million.

The Defendant, together with C, deceiving the victim as above, and issued KRW 50 million on the same day from the victim as the loan money, and on June 12, 2012, the written indictment was “F.” However, the Defendant was written in writing on June 12, 2012, but was issued KRW 130 million on the same name in the I coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul, respectively, and received KRW 180 million on the aggregate.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

On January 22, 2013, the defendant of the 2014 Highest 3903 defendant is running a business to purchase relief items in Japan and sell them to the Philippines at a restaurant where it is impossible to know the trade name in the Gonam-dong of the members of the Ansan-si, Ansan-si.

An investment shall be made and a partner shall be responsible for the management of the fund.

I would like to have divided profits. The phrase “I would have divided profits.”

However, in fact, although the Defendant was operating the K Company, and engaged in the trade of L and remedy clothes, it was difficult to operate due to the lack of particular profits, and there was no available assets or operating funds to be used in the water, and borrowed KRW 100 million from G and KRW 180 million from F.

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