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(영문) 인천지방법원 2019.02.21 2018고단6909
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 11, 2015, the Defendant borrowed KRW 5 million from the Defendant’s intermediate disposal business of waste operated by the Defendant around December 2015, 2015, the interim disposal business entity “B” was in arrears with national tax equivalent to KRW 24 million due to the Plaintiff’s failure to make profits or was in arrears, and the amount of four premium equivalent to KRW 60,000 was unpaid, and the employee’s wage was not paid, and even if the Defendant intended to use the money for the sudden operating expenses of the said company, and did not have the intent or ability to repay the money on the date of promise, the Defendant acquired money from the Defendant under the name of the victim under the name of the Defendant (hereinafter “EF”) from the Defendant’s account by borrowing KRW 50,000,000,000,000.

2. On December 21, 2015, the Defendant was unable to hold an apartment that he/she could dispose of, and it was difficult to do so. Therefore, even if he/she borrowed money from the victim, even though he/she did not have any intent or ability to repay the money, the Defendant acquired money from the victim by means of remitting KRW 25 million from the victim to the above account in the name of the loan, on December 21, 2015, even though he/she did not have any intent or ability to repay the money. However, on or around December 21, 2015, he/she acquired money from the victim by means of acquiring money from the victim to the above account in the name of the loan.

3. On December 29, 2015, the Defendant was in need of KRW 20 million as the operating fund of the Company, even if he/she borrowed money from the victim even though he/she did not have the intent or ability to repay the borrowed money. However, around December 29, 2015, the Defendant was in need of KRW 20 million as the funds for the Company’s operation.

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