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(영문) 수원지방법원 평택지원 2019.07.05 2019고단403
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 13, 2010, the Defendant stated that “Around 13:00 on the 13:00 on the 13:0, the Defendant shall pay the victim C with the payment of the card payment. If the Defendant borrowed KRW 5,00,000,000, it shall be repaid until October 31, 2010.”

However, in fact, the Defendant had no particular property at the time, but was engaged in the cargo transport business, but was difficult to impose a fixed amount of income, and even if the Defendant borrowed money in excess of KRW 100 million to a bank account and a lending company, and the beneficiary, he/she did not have any intent or ability to repay money on the agreed date for repayment, even if he/she borrowed money from the victim due to the circumstance of having repaid other debts.

Ultimately, the Defendant, by deceiving the victim as such, received money from the victim to the corporate bank account (D) in the name of the Defendant around the 16th day of the same month.

2. On August 31, 2010, the Defendant concluded that “The Defendant would pay the victim KRW 2 million and KRW 2 million for the transfer of ownership at the E office located in Yangsan-si, the amount of which would be paid by October 31, 2010, if the Defendant would bear the cost of replacing the number plate of the Kunchopoflas truck with the treatment of KRW 4.5 tons.”

However, as stated in Paragraph 1, the Defendant did not have any particular property at the time, and did not have any fixed income, and was prevented from returning a large amount of debt due to a large amount of debt, and even if the Defendant paid the above expenses on behalf of the victim, he did not have any intention or ability to pay on the date of repayment as agreed.

Ultimately, on August 19, 2010, the Defendant, by deceiving the victim, had the victim pay the number plate (F) purchase cost of the said truck in the vicinity of the above E office. On August 30, 2010, the Defendant paid two million won for the registration fee for the transfer of ownership of the said truck, thereby acquiring property profits equivalent to four million won in total.

3. The Defendant around September 28, 2010.

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