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(영문) 서울중앙지방법원 2016.03.29 2015고단6864
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in disinfection disinfection and food materials wholesale business in the trade name called "F" from August 2008 to June 2015, Dongjak-gu Seoul Metropolitan Government L and 102.

1. On January 6, 2014, the criminal defendant against the victim M is holding two houses in the above F office and the victim M ( South and 36 years old).

The false statement was made that the monthly interest of KRW 20 million shall be paid and the principal shall be repaid three months after the loan of KRW 20 million as the price of the material because the credit amount was not available due to the credit amount.

However, in fact, F had low sales performance from around 201 to around 2013, and the amount of taxes in arrears reaches 60 million won in the light of 2013, and the amount of wages of employees was difficult from time to time to time. The Defendant reported losses of about 700 million won in the card gambling from around 2012, and monthly income was only three million won, while the obligation was shared with wife.

N apartment was established with a maximum amount of KRW 367 million, and there was no substantial value of property due to the establishment of the right to collateral security, and eventually, it was caused to an individual rehabilitation application around November 2014. Thus, even if it was borrowed money from the injured party, there was no intention or ability to change it from time to time.

Nevertheless, the defendant deceivings the victim as above and transferred 20 million won to the deposit account (Account NumberO) in the name of the defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving others.

2. On May 3, 2014, the criminal defendant against the victim P, at the above F office, the victim P (the remaining and 56 years of age) sells D taxation to restaurant, hotel, etc., and sales of 2-300 million won per month are being made. Since the increase in the tax items to be sold falls short of funds, it shall be used as the price for the goods, and 10% per the last day of each month shall be 5 million won.

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