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(영문) 인천지방법원 2013.12.19 2013고단6150
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who was the representative director of D (registration of a corporation as D) (registration of a corporation around December 27, 2006) who was a purification tank cleaning company located in Incheon Cheongjin-gun, Incheon, from October 23, 2003 to August 21, 2008.

1. On February 26, 2007, the Defendant made a false statement to the effect that “The Defendant would make a tender for the waste treatment work at the Gandong Power Plants, and pay the principal within one year and pay interest at 20% per annum” at the victim F’s residence located in Incheon Cheongjin-gun E 112.

However, in fact, the defendant used the above money as debt repayment for relatives and relatives and as business expenses of the company, and there was only a debt to the son and financial institutions, and there was no particular property or income due to the proper operation of the company. Therefore, even if the above money was borrowed from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) obtained 40,000,000 won from the victim, i.e., 40,000 won from the victim; and (c) obtained 120,000,000 won in total on four occasions as shown in the attached Table 1 of Crimes List.

2. On March 30, 2007, the Defendant made a false statement to the effect that “30,000,000 won are required to purchase excreta collection vehicles, and the principal shall be repaid within one year and the interest shall be paid at 20% per annum” at the victim I’s residence located in the Incheon Vindication-gun, Incheon.

However, in fact, the defendant used the above money as debt repayment for relatives and relatives and as business expenses of the company, and there was only a debt to the son and financial institutions, and there was no particular property or income due to the proper operation of the company. Therefore, even if the above money was borrowed from the victim, there was no intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as such and receives 30,000,000 won from the victim on the same day.

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