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(영문) 의정부지방법원 고양지원 2013.07.25 2013고단266
사기
Text

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

Reasons

Punishment of the crime

On July 2012, 2012, the Defendant, “2013rd class 266,” made a false statement to the victim F that “If the bus to be operated by the Defendant is insufficient in the E-real estate office located in Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City, the Defendant purchased a middle class tourist bus immediately, set up a collateral security right after immediately purchasing the bus, and paying KRW 1.5 million, a half of the monthly profits, and the said KRW 45 million would immediately be returned if the Defendant is a farent relationship only one month prior to the end of the month.”

However, at the time, the Defendant was liable to pay approximately KRW 2 billion, and from around 2008, the Defendant did not repay the principal due to business deterioration and did not pay the principal to KRW 20 million each month, and the interest was not paid from July 2012. In addition, from the beginning, the Defendant was thought to receive the said money from the beginning that he was able to spend it as an urgent operating fund, such as the cancellation fee or salary necessary for the maintenance of the existing bus, and there was no intention or ability to guarantee the repayment of the said money or the return.

Nevertheless, the Defendant received KRW 10 million from the victim (1) around July 21, 2012 from the victim, and (2) transferred KRW 35 million around July 25, 2012, and acquired KRW 45 million in total.

The defendant of "2013 Highest 668" is a situation in which the E-real estate office located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City on August 2012, 2012, in which the K-si Office for the payment of operating funds could not be raised normally due to continuous management deterioration. Thus, even if the K-gu Office for the payment of funds for the purchase of a bus from the victim H did not intend to use the above funds for the purchase of a new bus, the victim is unable to operate directly due to the lack of buses.

If a bus is purchased additionally and operated directly, the profits equivalent to three million won per month shall accrue, and 45 million won shall be paid for the used bus purchase fund.

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