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(영문) 인천지방법원 2019.10.28 2018고단9169
사기
Text

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

The defendant will pay B, who is an applicant for compensation, the money of 10 million won through fraud.

Reasons

Punishment of the crime

1. On May 21, 2018, the Defendant stated that “Around May 21, 2018, the Defendant would be liable to compensate the victim D for losses by investing KRW 20 million in stocks” in a non-permanent place, stating that “If all the remaining shares of KRW 15 million are sold and borrowed to B, the Defendant would make an investment in another place to repay KRW 20 million in total.”

The written indictment states that the defendant promised to pay money until August 25, 2018. However, G did not separately set the due date in this Court.

“The facts charged are corrected ex officio to delete the above contents, since the identity of the facts charged is recognized, and there is no concern about substantial disadvantages in the exercise of the defendant’s right to defense.

However, in fact, the defendant did not have the intent or ability to repay the money borrowed from the victim up to the above period with a debt equivalent to KRW 150 million.

Nevertheless, the Defendant received a total of KRW 15 million from May 21, 2018 to June 27, 2018 from the Defendant’s bank account, etc. in the name of the Defendant.

"2018 Highest 9543"

2. The Defendant against the victim C is a person who operates F Co., Ltd., a garment shopping mall company at the second floor office Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “F”).

On July 10, 2017, the Defendant made a false statement to the victim, “On the other hand, the Defendant may receive a large amount of profit upon receiving dividends from the company’s shares to four times after three months.”

However, according to the report of the corporate tax, the Defendant Company was a zero business entity established around May 16, 2017, and the net income for the first half of the year 2017 was not paid as Masp(-) 18,937,199, and the net income for the first half of the year 2018 was not paid as Masp(-) 1,6930,479, and the employee’s wages were not paid.

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