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(영문) 대전지방법원 천안지원 2021.03.05 2020고단1404
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On October 30, 2017, the Defendant displayed the Defendant’s “E” store located in D department stores located in Yeongdeungpo-gu Seoul Metropolitan Government, and falsely stated that “The Defendant would make payment after one year if he/she lends KRW 20 million to the head of the passbook so that he/she can pay taxes in arrears and continue to operate his/her business.”

However, the defendant only thought that he will use the money borrowed from the damaged party for investment in stock options, and there was no intention or ability to pay delinquent taxes to the injured party continuously.

Ultimately, on October 31, 2017, the Defendant, by deceiving the victim, received money of KRW 20 million from the victim to the F bank account (G) in the name of the Defendant on October 31, 2017.

B. On June 28, 2018, the Defendant stated that “If a business does not meet national taxes, he/she shall be repaid with the amount of KRW 20 million that he/she previously lent to the victim, and if he/she lends money, he/she shall use the money for paying taxes without using it for investment in absolute futures options, and he/she shall pay five million won at the end of each month from January 31, 2019 to the end of each month.”

However, the defendant only thought that he will use the money borrowed from the damaged party for investment in stock options, and there was no intention or ability to pay delinquent taxes to the injured party continuously.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 25 million from the victim to H (I) account in the name of the Defendant around June 28, 2018, from the victim, and acquired it by defrauded.

2. On January 8, 2019, the Defendant, against the victim J, sent the Kakao to the victim of the Kakao Kakao Stockholm at the Kakao Kakao Stockholm on January 8, 2019, “a national tax was not national tax.”

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