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(영문) 인천지방법원 2015.10.29 2015고단4896
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. On December 22, 2013, the Defendant, at the Defendant’s house located in Seo-gu, Seo-gu, Incheon, and 201, told the victim C by telephone, that “in order to supply the goods to Samsung C, from the clothing company operated within the country, the Defendant would produce the balance of the head of the Tong at KRW 150,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, in fact, the defendant did not want to show the balance of the passbook to Samsung Crote and to make transactions, but did not want to prepare funds to be used to repay the creditors' claims for the debt, and it is also difficult to prepare living expenses that are the revenue of the debt amounting to KRW 250 million at the time.

Thus, even if the victim borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, as above, the Defendant, by deceiving the victim and deceiving the victim from the victim to the foreign exchange bank account (D) under the name of the Defendant, received each remittance of KRW 40 million on December 23, 2013, and KRW 120 million on December 24, 2013, respectively.

2. On April 2014, the Defendant stated that “The Defendant would deliver clothes to the Defendant and receive money from the Defendant, if it is necessary to make clothes of the Defendant from the Defendant’s office by telephone, and it is necessary to have a level of KRW 80 million for the purchase cost of raw materials.”

However, in fact, the Defendant did not want to purchase raw materials and deliver them to Samsung C&T, but rather received debt demand, and was able to repay personal debt from the victim with the need to pay the debt. In addition, due to the above circumstances, the Defendant did not have any intent or ability to pay the debt even if she borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above, and then is against the victim with the foreign exchange bank account (E) in the name of the defendant for the purchase of raw materials from the victim.

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