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(영문) 인천지방법원 부천지원 2016.05.20 2015고단3345
사기
Text

A defendant shall be punished by imprisonment for six months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, as a person who operates the main E located in Jeju Island, had approximately KRW 50 million personal debt, and was unable to pay rent, electricity tax, and employee benefits due to the aggravation of the management status of the said main office, and thus, there was no intention or ability to complete payment even if he borrowed money from others.

1. On September 30, 2012, the Defendant: (a) from the Dogwon in the operation of the Victim C located in Gangseo-gu, Gangwon-gu, Seoul Special Metropolitan City, the Defendant: (b) around September 30, 2012, the victim “it is required to pay KRW 5 million to the victim via Dong G; (c) KRW 500,000,000 per month when he/she borrowed KRW 5 million; and (d) the facts charged are as follows: “A credit card loan between 10 months and 50,000 won per month shall be received; and (e) the Defendant cannot receive the card loan due to the absence of credit card, and the victim borrowed the card loan, and the Defendant is expected to pay KRW 50,000 per month.

Recognizing the fact that there was a false statement, it was recognized that the crime was committed, and that it would be repaid in the case of failure to complete payment.

The Defendant was transferred from the injured party, i.e., KRW 5 million as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 25, 2013, the Defendant made a false statement to the victim C, stating, “When the Defendant lends money to the victim, he/she will make repayment according to the amount of monthly income, and if he/she is unable to make payment, he/she will make payment by selling it.”

The Defendant received 5 million won from the injured party, i.e., remittance from tin, from 5 million won, from that time until July 30, 2013, a total of 1,655,50 won was remitted from that time until July 30, 2013, as indicated in the list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

3. The Defendant paid taxes to the victim C at the place specified in paragraph 2 around March 6, 2013 and at the place specified in paragraph 2.

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