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(영문) 서울서부지방법원 2017.01.05 2016고단165
사기
Text

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

Reasons

Punishment of the crime

On November 29, 2016, the Defendant was sentenced to the suspended sentence of 8 months for a violation of the Punishment of Tax Evaders Act in Seoul Western District Court, and the judgment became final and conclusive on December 7 of the same year.

While the Defendant, from around 2006, operated a computer repair and sales business on the 21st and 3th floor of Yongsan-gu Seoul Metropolitan City B 21, on December 26, 2007, the Defendant: (a) established and operated a company D, the representative director of which is the victim C, the wife, who was unable to obtain a loan from the bad credit standing; (b) operated it in the same place; and (c) possessed the head of the bank and the seal impression in the name of the victim; (d) since around 2012, it was difficult for the Defendant to pay the settlement money and material expenses of the customer due to the difficulties in the operation of the said company; and (b) committed

1. On May 20, 2012, the Defendant would pay the victim a full payment at the office of the above company on May 20, 2012, if the Defendant applied for a loan under the name of the wife because there is no payment to pay in the transaction office.

“.......”

However, the Defendant was unable to pay the settlement amount and material cost of the business partner due to the difficulties in the operation of the above business, and even if he borrowed money from the damaged party due to a very lack of financial capacity, such as tax in arrears from around 2012, the Defendant did not have any intention or ability to pay such money.

The Defendant, by deceiving the victim as such, received KRW 2 million from the damaged party on or around the 31st of the same month, and KRW 1.19 million on or around November 8 of the same year, respectively, from the said Defendant’s agricultural bank account (E) used by the said Defendant as the borrowed money.

2. On February 22, 2013, the Defendant subscribed to the Defendant’s surety insurance for one year at the office of the foregoing company on an irregular and irregular basis.

As F is required to receive money from an enterprise that is called F to receive the accident if it is not paid in full by three months, there is a need for four to pay the money so that it is required to apply for the loan to financial institutions.

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