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(영문) 인천지방법원 2017.02.15 2016고단4677
사기
Text

A defendant shall be punished by imprisonment 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, as a person who has a relationship with the victim G’s death-related H, was the Defendant’s leader and female of I Bank, and succeeded to the property from both father, but both father did not pay taxes, and the Defendant, as a result of combining money to the National Tax Service for various reasons, refers to the following: (a) he was able to recover KRW 100 billion when he paid taxes to the National Tax Service; and (b) as if the property to be inherited exceeds KRW 100 billion, the Defendant was able to do so.

1. On March 2015, the Defendant: (a) around Yongsan-gu Seoul, Yongsan-gu located in Yongsan-gu; (b) around the end of March, 2015, the Defendant would be obliged to pay taxes to the wife of the victim G for the purpose of searching for the amount of KRW 100 billion that is linked to the bank; and (c) would recover the amount of money deposited within 1-2 weeks from the loan of the money that is urgently needed to pay taxes.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have inherited property from both fathers, did not have any money that was unable to pay taxes, and tried to use the money that was borrowed from the injured party for the insufficient living expenses.

Around March 31, 2015, the Defendant, by deceiving the victim as above, received KRW 8,940,017, including KRW 1,740,017, from the Korean Investment Securities Account in the name of A, and KRW 1,740,017, around June 29, 2015, from the victim of the said deception, and acquired money by transfer from the victim to the Korean Bank Account in the name of A.

2. On July 1, 2015, the Defendant made a false statement that “Around July 1, 2015, the Defendant would lend a corporate takeover down payment to the victim L, because he/she may accept a corporation and deposit money in the corporate passbook.”

However, the defendant did not have the intention or ability to acquire the corporation, and even if he borrowed the corporation takeover deposit, he did not have the intention or ability to repay the money.

The defendant deceivings the victim as above and acquired 13 million won from the victim to the agricultural bank account in the name of N as the contract deposit for acquisition of the corporation on the same day.

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