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(영문) 인천지방법원 2018.10.04 2018고단4838
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On May 10, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Customs Act at the Incheon District Court on June 10, 201, and the said judgment became final and conclusive on the 18th of the same month.

[Criminal facts]

1. On August 28, 2011, the Defendant was guilty of KRW 30 million on August 28, 2011, and the victim F, who was aware of the usual area E located in the Busan Suwon-gu around August 28, 2011, extended the victim’s house “if the gree is good and the gree is only KRW 30 million, the Defendant may be fully compensated for the damages so far.

To import three containers without importing only one container. If 30 million won is lent, the principal amount shall be KRW 10 million per month, and 700,000 won per container shall be paid separately.

“The purpose of this is to make a false statement.”

However, when the Defendant borrowed 290,050,000 won from the injured party in China on or around 2005, but did not change it, the Defendant had a debt exceeding KRW 100,000 from the financial right and the other party at the time. Since the Defendant had to engage in the business such as lending the name of other enterprisers due to the existence of unpaid taxes in G operated by the Defendant, etc., even if the Defendant borrowed the above additional money from the injured party, it is not normally impossible to import the order from China, and even if the import was made and sold in the domestic market, the Defendant did not have any intent or ability to return the principal and the profits to the injured party as agreed.

As such, the Defendant, by deceiving the complainant and deceiving him/her as such, shall borrow money from the complainant on August 28, 201, KRW 25 million on or around August 28, 201, and KRW 2011.

9.4. It received a total of KRW 30 million, including KRW 5 million in cash around the day.

2. On August 26, 2012, the Defendant was guilty of KRW 30,00,00 on August 26, 2012, the lower court re-built the Defendant to the said victim at the studs building site located in H in the Busan metropolitan captain-gun around August 26, 2012.

I would like to make money with the intention of making it difficult to do so, and we would like to see without any condition.

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