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(영문) 인천지방법원 2017.03.15 2016고단8316
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 2015, the Defendant operated a restaurant at its own festival site, and became aware of the victim C who worked as an employee, and worked until January 2016.

1. On November 20, 2015, the Defendant: (a) on the Korea-Japan, opened in the racing, saying, “The Defendant, from the spring of spring, purchased money from a regional festival from spring to keep it in the freezing of the Incheon Coast Guard, and may make profits from the Defendant’s possession of the money at any time when he/she supplied to the Incheon Coast Guard, etc.; (b) borrowed KRW 10 million until the end of May 2016, and, on the face of the week, borrowed KRW 10 million to repay the amount of KRW 10 million and divided a half of the profits.”

However, in fact, the Defendant did not intend to purchase and deliver tendings and did not divide the profits from the sale of tendings into the victim. Moreover, the Defendant did not have the intent to pay the profits from the sale of tendings on the agreed date because the Defendant thought to use the money received from the injured party as repayment of the Defendant’

Nevertheless, the Defendant, as such, received KRW 5 million from the person who trusted the victim on November 24, 2015, KRW 2.5 million on the same month, KRW 2.5 million on the 26th day of the same month, and KRW 2.5 million on the 30th day of the same month from the Defendant’s private village type D and received KRW 10 million in total from the Defendant’s private village type D.

2. On Nov. 1, 2015, the Defendant stated in the Korea-Japan Chapter that “Around Apr. 2016, the Defendant was able to hold a cultural system for Kim Sim-Sa, and the Defendant was able to hold the event the Defendant’s event, and changed money necessary for the contract. It would be able to secure the place of funeral if the Defendant is in charge of the Kim Sim-Sa culture system.”

However, in fact, the Defendant did not have the ability to host the Kim Dom Culture System, and was willing to use the money borrowed from the injured party as his personal debt or living expenses, etc., and there was no intention or ability to pay the borrowed money normally without any particular income or property at the time.

Nevertheless, the defendant is believed to belong to the victim and trust it.

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