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(영문) 수원지방법원 안산지원 2017.10.19 2017고단2315
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 14, 2014, the Defendant’s fraud against the victim B, at the “D” fireworks for the Defendant’s operation in the light of the Gyeonggi-do Mambbling-si, the Defendant would repay the victim’s “if the Defendant was detained by living together, but the Defendant was urgently lent the victim with the need for defense expenses.”

“A false representation was made.”

However, there was no fact that the defendant was detained by E living together with the defendant, and the defendant was difficult to take economic circumstances such as lending company loans, credit card loans, and appropriation to the operating expenses of the fireworks, so even if he borrowed money from the victim, he did not have the intention or ability to pay the money.

As above, the Defendant: (a) received KRW 4 million from the injured party to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant on the same day from the injured party on the same day; and (b) received KRW 24 million in total from March 18, 2015, from that time on five occasions, from March 18, 2015, as shown in the list of crimes attached hereto.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim G;

A. Before May 2015, the Defendant was not able to export the flowers to the Chinese head of the Party. (1) The Defendant, from the Defendant’s fireworks store around May 2015, to the Chinese head of the Party.

It is desirable to pay the money in good faith by punishing the money so that it can escape from the early order.

“A false representation was made.”

However, since it was difficult for the Defendant to receive loan from the lending company, to use the credit card loan operation expenses and the interest on the loan from the loaner, there was no intention or ability to pay the loan normally until the loan is completed even if the loan is paid first in the first priority order.

As above, the Defendant: (a) by deceiving the victim; (b) delivered KRW 3 million in cash from the victim to the victim on May 11, 2015; and (c) transferred KRW 4 million in cash from the same day to the new bank account in the name of the Defendant; and (d) around May 12, 2015.

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