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(영문) 인천지방법원 부천지원 2017.02.15 2016고단1987
사기등
Text

A defendant shall be punished by imprisonment for three years.

The defendant will pay 200 million won to the applicant C of the compensation.

Reasons

Punishment of the crime

[2016 Highest 1987] The Defendant is a person who actually operated E (F) in Seocho-gu Seoul Metropolitan Government, Seocho-gu, and 201, and the victim H’s house of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and 114 Dong 1206, around December 28, 2010, and the victim is trading in Korea to China.

The loan of KRW 50,000 as the purchase cost of the fruit is required. After the draft of the heat, it stated that the principal will be paid up to KRW 50,000 and KRW 2.5 million.

However, at the time, the Defendant had been under bad credit by bearing a debt of approximately KRW 70,00,000 due to the husband’s business failure in the name of the Defendant, and had experienced financial difficulties due to E operation that began without operational funds. In the event that the goods to be purchased from the victimized person are not secured and export is not carried out in a clear state, there is no way to repay the victim’s money, and eventually, even if the Defendant borrowed money from the victimized person, there was no intention or ability to repay the principal and profit within the agreed period.

The Defendant: (a) by deceiving the victim as above; (b) by deceiving the victim; (c) obtained the transfer of KRW 30 million to the account in the F’s name on the same day from the victim; and (d) obtained the transfer of KRW 20 million to the same account on December 29, 2010, and acquired the total amount of KRW 50 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 2841]

1. Crimes related to victims C;

A. On May 18, 201, the Defendant, at the victim C’s house of Seocho-gu Seoul Metropolitan Government I apartment complex of 101,901, and around May 18, 201, may give the Defendant a benefit of KRW 4.5 billion to the Defendant, with dumped goods of KRW 1,230 tons from J (five items, such as shampoo, shampoo, rine, brue, brush, etc.).

In order to bring this thing into consideration, the down payment of KRW 200 million should be concluded with J. The export of the thing is not only the return of principal KRW 200 million within three months but also the profit.

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