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(영문) 인천지방법원 2019.10.17 2018고단5887
사기
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2018, Defendant A was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Ulsan District Court on April 24, 2018 and the judgment became final and conclusive on December 18, 2018.

Defendant

B On February 4, 2016, the Incheon District Court was sentenced to two years of suspension of the execution of imprisonment for six months for fraud, and the judgment was finalized on June 7, 2016.

"Criminal Facts" referring to 2018 Godan587.

1. Defendant A is a person operating a sales stand event called “C,” and Defendant B is a person who manages the management office of the company in Jung-gu Incheon Metropolitan Government D.

On April 14, 2016, the Defendants conspired with the victim G (Nam and 40 years of age) at the (ju) E sales office in Michuhol-gu Incheon Metropolitan City, the Defendants made a false statement to the effect that “If the money is needed to sell in lots for three months, the Defendants may pay the money if the sale in lots is carried out after three months. Whether the Plaintiff may lend the money in return for the reduction of the right to sell in lots as referred to in the 1st floor H and I of E as collateral. Unless there is cash, there is a lending company known to us. In this context, the lending company may obtain a loan under the name of the party and repay the principal and interest of the money to us at the request of us.”

However, at the time, the rent and sale of commercial buildings for the sale of the first floor was not carried out, and the sales was not carried out, and the Defendants did not have the intent or ability to repay the borrowed money from the victim because there was no sufficient property to carry out the sale.

Ultimately, the Defendants conspiredd as above to deceiving the victim, and then, they acquired 40,570,000 won from the victim through a new bank account under the name of the “C” corporation (J) on April 15, 2016.

"2018 Highest 6083"

2. Defendant B, at around 23:00 on April 2, 2018, at the main point of “L” located in K of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, for the reason that Defendant B urged the victim M (5 years of age) and the victim while drinking alcohol to pay obligations arising in the past in the same business relationship.

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