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(영문) 인천지방법원 부천지원 2019.06.14 2019고단763
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 12, 2017, the Defendant, who committed the crime of December 12, 2017, made a false statement to the effect that “A” factory in the operation of the victim C located in Nam-gu Incheon Metropolitan City, Seodong-gu, Incheon, used the bonds to the victim as “A” factory, and the victim is using the bonds because it has not received any money that he/she had to know. If the Defendant borrowed KRW 40 million so that he/she can repay the bonds, he/she will repay the bond up to February 12, 2018.”

However, in fact, the Defendant used approximately KRW 40 million in around April 2017, approximately KRW 60 million in around May of the same year, approximately KRW 37 million in around June of the same year, KRW 30 million in around July of the same year, KRW 26 million in around August of the same year, KRW 10 million in around September of the same year, KRW 31 million in around October of the same year, approximately KRW 15 million in total, around KRW 15 million in around November of the same year, and approximately KRW 249 million in around KRW 15 million in around the same year, and around KRW 30 million in the same year from May 1, 2017.

6. Around 21.22, the Defendant’s bonds borrowed KRW 22 million from F due to gambling. At the time, the Defendant’s bonds borrowed approximately KRW 230 million for several creditors, and thus, there was no intention or ability to repay the bonds in return, even if they borrowed money from the victim.

Nevertheless, around December 12, 2017, the Defendant, by deceiving the victim as above, received 40 million won from the victim to the G bank account in the name of the Defendant (H) and acquired it by deceiving the victim.

2. On May 31, 2018, the Defendant committed the crime committed by the Defendant on May 31, 2018, with “I” as a supplier or a person being supplied with “D” in the operation of the Defendant, and with the same year as KRW 327,800 around February 12, 2018.

3.9.Woman 11,330,000 won, and the same year.

4.9.Woman 14,993,000 won, and the same year.

5. On April 1, 200, each tax invoice was issued on the basis of the value of supply of KRW 2,090,000 and KRW 18,810,000, but the portion of KRW 30,000,000, excluding KRW 17,550,800, was issued without any actual transactional relationship.

On May 31, 2018, the Defendant requested the victim to settle the transaction price under the above tax invoice, and the Defendant was the victim.

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