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(영문) 부산지방법원 동부지원 2020.01.08 2018고단2526
사기등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be the defendant to B who is an applicant for compensation, 52,500,000 won, and C who is an applicant for compensation.

Reasons

Punishment of the crime

On April 5, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for fraud in Busan District Court's Dong Branch Branch, and was sentenced to two years of suspended execution on April 13, 2018, and is still under suspended execution.

"2018 Highest 2526"

1. On the other hand, the Defendant did not have any particular property or income, and even if he borrowed money from the victim with a debt amounting to KRW 130 million, it is difficult for the Defendant to pay the existing debt. Therefore, the Defendant did not have any intent to resolve the tax in arrears with the above funds, or to pay the employee paid the money in arrears. If the Defendant settled the tax in arrears, the funds attached to the Defendant’s account were not collected, or the 88 million won was not included in marijuana, and there was no intention or ability to pay the money borrowed from the victim C in a normal manner.

Around 17:00 on June 24, 2018, the Defendant: “Around 17:00, the Defendant, who was aware of the Defendant’s passenger car in accordance with the name of the Defendant, was on the riverway, and was on driving the Defendant’s passenger car, shall settle all the amount of taxes in arrears to the National Tax Service in order to operate the Defendant’s business again. In fact, the Defendant may receive KRW 88 million from the mari Island where his father intentionally made it in the course of his/her father’s business and he/she would be able to operate the business again if he/she has paid the said money.” On June 25, 2018, the Defendant received KRW 20 million from the victim to the account of the Defendant’s community credit cooperative in the name of the Defendant on the same day on the same day.”

B. At around 10:00 on June 27, 2018, the Defendant paid 4.860,000 won to the victim by telephone to the victim, stating that “A company employee paid 4.8,000 won, which is part of the tax, to the tax office. It is not possible to pay out of the tax, and this is the same day from the victim.”

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