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(영문) 인천지방법원 2018.05.16 2017고단8709
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant, together with her husband, has operated C's home ship located in Masan-si B in Changwon-si, Changwon-si.

1. Fraud against victim D;

A. On February 15, 2013, the Defendant borrowed money to the victim with respect to the operation of door-to-door in the above C’s office around February 15, 2013, and if the Defendant subscribed to the money, he/she will pay the money at a fixed price and pay the money in the form of money received by the Defendant.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money from the damaged party, there was no idea to purchase the vehicle, and there was no intention or ability to pay the amount of money even if the Defendant borrowed money from the damaged party because the personal obligation without any other property or income was more than 50 million won and there was no economic difficulty.

As such, the Defendant, by deceiving the victim, received cash of KRW 10 million from the damaged person on the pretext of borrowing money around that time, and acquired it by fraud.

B. On December 15, 2013, the Defendant, at the above C’s office around December 15, 2013, would be repaid to the victim within the soon as he/she lends his/her tax to the victim.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money from the damaged party, there was no idea to pay taxes, and there was no intention or ability to pay taxes even if the Defendant borrowed money from the damaged party, because the personal debt without any other property or income was more than 50 million won and it was economically difficult to do so.

As such, the Defendant, by deceiving the victim, received 4 million won in cash from the damaged person as the borrowed money around that time, and acquired it by fraud.

(c)

The defendant around August 10, 2014, at the above C's home dispatch office around August 10, 2014, "employee wages are being sealed."

It will be paid with the loan of money.

The phrase “ makes a false statement.”

However, even if the victim borrowed money, the defendant did not think of paying the employee's wages, and there was another property or property at the time.

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