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(영문) 인천지방법원 2015.08.31 2014고단2347
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B shall be innocent.

Reasons

Defendant

On October 11, 2012, the Defendant acquired the total amount of 265,740,000 won (13,740,000 won (133,740,000 won) from the Victim H in total within the “Graart” located in the Gyeyang-gu Incheon Gyeyang-gu, Incheon (F).

However, in fact, the Defendant, as a bad credit holder, had a debt of KRW 100 million, and the acquisition amount secured at the time of the contract was limited to KRW 40 million, and the remainder was considered to have been borrowed from the Do governor or the bond company, but the possibility of the loan was considerably bad, so there was no intention or ability to pay the acquisition amount.

The Defendant, by deceiving the victim as such, was taken over from the victim all of the above-mentioned facilities, etc., which amount to approximately KRW 265,740,00 in total market value at the same place.

The victim I is a person who operated the "Kart" located in the Seo-gu Incheon, Seo-gu, Incheon.

Around August 25, 2013, the Defendant had been working in a coffee shop in Seo-gu Incheon, Incheon, for 30 years from “B” and had experience in operating a variety of marinas. Before having taken over the marina operated as the enemy, the Defendant has performed an act of returning the marina after operating and normalization. On August 27, 2013, the Defendant paid the remainder payment to B, KRW 5 million, the remainder payment of KRW 15 million from September 13, 2013, KRW 15 million from the intermediate payment of KRW 25 million from September 23, 2013, KRW 5 million from the intermediate payment of KRW 5 million from September 25, 2013, KRW 700,000,000,000 from the intermediate payment of KRW 5 million from September 25, 2013, and KRW 700,000,000 from the customer’s reimbursement of the outstanding amount.”

However, in fact, the Defendant had no certain income or property, had already borne excessive debts, and had been bad credit.

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