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(영문) 의정부지방법원 고양지원 2016.07.22 2016고단1474
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On July 29, 2004, the defrauded of the borrowed money: (a) on July 29, 2004, the Defendant acquired the borrowed money from the victim C “E cafeteria” operated by the victim C in Goyang-gu, Soyang-gu; (b) on July 29, 2004, the victim “the deceased imported the bamboo, but failed to comply with customs duties or customs duties

A loan of KRW 20 million with customs clearance costs shall be repaid within one month with the interest of KRW 20 million.

“ ................”

However, the defendant had no intention or ability to pay money properly even if he borrowed money from the injured party because he had a debt equivalent to KRW 1.2 billion due to business depression at the time.

On July 29, 2004, the Defendant was transferred 20 million won to the first bank account (Account Number F) in the name of the Defendant at a new bank located in Gyeyang-gu Seoul Metropolitan City from the damaged party.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

B. On February 15, 2005, the defrauded of the borrowed money on February 15, 2005, the Defendant shall pay 35 million won including KRW 20 million, if the Defendant: (a) at the place of the above paragraph (a) on February 15, 2005, the Defendant sent the victim the goods through customs duties and left the money only; and (b) if the operating fund is leased more than KRW 15 million, it shall be required to pay all the money.

“.......”

However, even if the defendant borrowed money from the injured party, the defendant did not have the intention or ability to pay it properly.

The Defendant received 15 million won from the injured party in a restaurant operating the victim on the same day.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

2. On December 2005, the Defendant made a statement to the effect that “The Defendant would discount a promissory note, which requires customs funds, to enter the goods from China,” to the victim at the I office of the victim G management of Seoyang-gu H 7, Seoyang-gu, Seoyang-gu, Seoyang-gu, Hongyang-gu.”

However, the defendant's intention or ability to properly settle promissory notes on the date of payment even if they are discounted by the injured party.

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