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(영문) 대전지방법원 2014.09.18 2014고단1824
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the wholesale and retail business, such as malicious stories.

At the time of 2010, the Defendant had no intention or ability to repay the debt, even if he/she borrowed money from another person, such as the repayment of the debt to KRW 220,000,000,000, and the expansion of business.

1. On July 2010, the Defendant: “D” restaurant located in Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu, operated several retail stores for importing and selling miscellaneous goods in China, etc.; however, if the funds are temporarily insufficient, the Defendant would temporarily borrow miscellaneous goods in China from China to proceeds from selling at retail stores. Moreover, the Defendant, on July 23, 2010, got the said E to transfer the horses from the Defendant to F and acquired them by receiving KRW 150,000 from the victim’s account in the name of the Defendant, with the loan of KRW 150,000,000,000 from the Defendant.

2. On December 6, 2010, the Defendant loaned money to the victim E in the coffee shop located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. On the other hand, the Defendant: (a) provided 3% interest each month; and (b) provided the principal at any time when the victim speaks; and (c) provided a false statement to the bank account in the name of the Defendant on the same day from the victim to the bank account in the name of the Defendant on the same day; and (d) provided the victim with a new store on February 15, 201 to open the victim’s telephone around February 15, 201, the Defendant was required to pay KRW 10 million,000,000,000,000 won. On the other hand, the Defendant received KRW 10 million from the victim’s bank account in the name of the Defendant on the same day; and (e) obtained KRW 40 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions against the Defendant.

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