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(영문) 인천지방법원부천지원 2020.08.13 2020고단2270
사기
Text

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

The Defendant, to the applicant B, 2.5 million won, and to the applicant C for compensation, 1.

Reasons

Punishment of the crime

1. Fraud to victims E;

A. A. Around September 9, 2016, the Defendant: (a) stated that “The Defendant is running a water purifier business, and the money is required to be paid to the victim at the water purifier sales store operated by the Defendant in Busan-si.” (a) around September 9, 2016, the Defendant used only a few months and paid interest on two occasions.”

However, in fact, the Defendant had to pay the amount equivalent to KRW 7-8 million in the month when interest was paid, and was thought to be used to pay interest on the borrowed money from the victim. Since there was no particular property and the above water purifier business profit alone did not have any intention or ability to pay the interest, even if he borrowed money from the victim, there was no intention or ability to pay the principal and interest within a few months.

Nevertheless, the Defendant, as seen above, was falsified and was transferred from the victim to the company bank account in the name of the Defendant, KRW 10 million as the borrowed money.

B. On September 20, 2016, at the same place as the above-mentioned 1-A, the Defendant said that “The Defendant would pay the victim the time limit money, excluding interest on the money loaned to B in and out of the internal management system,” at the same time as the above-mentioned 1-A, “If 20,000 won per month is paid in 50,000 won, 10 million won will be paid in the sequence of the party.”

However, the Defendant was unable to fully recruit the members of the above fraternity, and even if receiving money from the victim as the source money, it was thought that the Defendant would use it to pay the interest of the Defendant’s bonds instead of operating it normally, and on the other hand, the Defendant’s water purifier business profit alone was insufficient to fully repay the above obligation, and thus, there was no intention or ability to pay the Plaintiff KRW 10 million at the time of the promise made by the victim.

Nevertheless, the defendant is above.

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