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(영문) 인천지방법원 2018.04.12 2017고단8185
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around February 9, 2015, the defendant of "2017 Highest 8185" extended KRW 100 million to the victim D for the loan of KRW 100 million from financial institutions in the event of Maart's sale of Maart C in Seo-gu Incheon, Seo-gu, Incheon.

The phrase “the phrase was false.”

However, in fact, the Defendant had many business partners' unpaid money while operating Mat, and decided to accept the said C Mt in KRW 300 million from E on January 12, 2015, but did not have the ability to pay Mat within the due date, so even if he received money from the injured party, he did not have the intent or ability to pay the money within six months.

On February 12, 2015, the Defendant received 100 million won from the damaged party to the account (G) in the name of the F Bank operated by the Defendant under the name of the Defendant as the borrowed money.

The Defendant, on December 31, 2015, at the I Distribution Center located in Ansan-si H around December 31, 2015, lent KRW 100 million to the victim J as the basis for conducting funeral services, as it is necessary to lend the money to the company and the funeral services. The Defendant would pay KRW 100 million to the money by half of the profits remaining after making profits.

The phrase “ makes a false statement.”

However, the defendant was operated at the time of fact

Due to the Maart's default, even if the company purchases the company, it was thought that it will be used individually, so there was no intention or ability to repay the amount even if it borrowed it from the injured party.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 20 million to the account managed by K on the same day from the victim, and KRW 30 million to the same account on January 5, 2016.

Summary of Evidence

"2017 Highest 8185"

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.

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