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(영문) 서울북부지방법원 2016.08.12 2016고단784
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 10, 2014, the criminal defendant against the victim B was insufficient in business expenses incurred by the victim B, operated by the victim B in Gui-si, Si, Si, Gui-si, “When importing bags from China to sell them to wholesalers, there is a lot of profits.”

When lending money, the principal will be paid by November 20, 2014 after adding the interest of KRW 10 million to the principal.

It is not clear that it is possible to receive 30 million won with the time limit money.

“A false representation was made.”

However, in fact, even if the Defendant was in short of capital by running a business in the form of a temporary return prevention, and borrowed money from the injured party, he/she thought that most of the funds were used for personal purposes, such as repayment of borrowed money, and did not have been admitted at the time, and even if the above temporary import contract was made normally, he/she was unable to make profits until November 20, 2014, and there was no intention or ability to pay the principal and profits to the victim.

Around October 30, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 32 million from the damaged party to the NA’s agricultural bank account; (c) KRW 21 million from the Defendant’s agricultural bank account around November 20, 2014; and (d) received KRW 55 million from the Defendant’s Korean bank account as a logistics expense around December 8, 2014.

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

2. On October 16, 2014, the criminal defendant against the victim G manufactures the victim’s “after residing in China” in the victim G office located in Jung-gu Seoul Central District H around October 16, 2014.

On the face of money, I would like to directly import and sell bags to China, and give 300 to 50 million won revenue.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the injured party, he did not have an intention or ability to pay the profit to the injured party by importing and selling the bank.

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