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(영문) 수원지방법원 성남지원 2015.05.14 2014고단3086
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person operating “C” (the name of the business entity is “C” and “D”), which is a business entity selling clean water. On November 2012, the Defendant began to incur losses due to the reduction of transaction partners, etc. from June 2012. At the time of November 2012, 2012, the Defendant was preparing an application for personal bankruptcy with approximately KRW 200,000,000,000,000,000,000 won, including bank mortgage loan obligations, and KRW 14,000,000,000,000,000 won, and even if he was supplied with blue water from the victim, the Defendant did not have the intent or ability to properly repay, and it was false to the effect that “I would make settlement without the mold if you were supplied with the date,” and it was supplied from the victim from that point to February 30, 2013.

2. On November 13, 2012, the Defendant was a victim as described in paragraph (1) at the time, and the facts were under the same circumstances as described in paragraph (1) at the time, as well as under other circumstances, and thus, even if the Defendant borrowed money from the victim as a security deposit for warehouse, he/she had the intent to use the money for the repayment of the obligation and did not have the intent and ability to properly repay the obligation, the Defendant received a delivery from the victim, namely, seven million won from the victim’s seat, by making a false statement to the effect that “I will receive the warehouse, and will make the payment after one month if the deposit is lent seven million won.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness F;

3. Examination protocol of suspect against the defendant;

4. Application of Acts and subordinate statutes, such as details of transactions, and copies of invoices;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

2. Of concurrent crimes, the place of business where the defendant was operated without being able to cope with the accumulated persons in the case of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be transferred to another person.

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