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(영문) 인천지방법원 부천지원 2018.07.12 2017고단2514
사기등
Text

A defendant shall be punished by imprisonment for two years.

The application for the instant compensation order shall be dismissed.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged, the defendant's right to defense, the part of the facts charged was revised and stated in accordance with the relation of evidence, except for the following parts

The Defendant is a person who operates the “F” of a golf product selling company in Kimpo-si, Kimpo-si, and the victim D operates a golf equipment manufacturing and exporting company in the trade name of “G.” The Defendant and the victim have traded golf equipment export from May 2012 to September 2014.

1. Fraud;

A. A. On October 2013, the defrauded around 2013, at the F office located in Kimpo-si, Kimpo-si, 2013, the Defendant needs to pay money temporarily for the management of the Defendant to the victim.

The management of the Company stated that it shall lend the money of full payment within one year.”

However, in fact, the Defendant had no intention or ability to pay the amount according to the promise, even if he borrowed the amount from the damaged party, because the Defendant had purchased the goods by receiving the loan from the third financial right due to the shortage of company funds, and personal debts had suffered from considerable economic difficulties, such as about 3.7 million won.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the total amount of KRW 13,326,000 from the victim as a loan from the victim on October 13, 2013, KRW 10 million on December 31, 2013, KRW 10 million on December 31, 2013, and KRW 133,326,000 on January 29, 2014 (at the time, exchange rate of KRW 133,326,00 on the exchange rate of KRW 133,326,00 on the total amount of KRW 13,326,00.

B. On May 2014, the defrauded Defendant would pay the price to the victim at the same place as the above A around May 2014, and within one month after the delivery of the goods to the victim.

“.....”

However, in fact, the defendant suffered from economic difficulties such as the above A., and even if he received goods from the injured party, he/she should pay the proceeds from the sale of the goods with interest, etc., as agreed.

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