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(영문) 수원지방법원 2017.06.14 2016고단7906
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to a suspended sentence of two years at the Cheongju District Court for a crime of false accusation. On July 25, 2014, the Defendant was finally sentenced to a suspended sentence of two years.

The Defendant is a person who, from October 2004 to August 2008, operated a drinking water wholesale and retail company with the trade name of Co., Ltd. D and from August 2008 to July 2012, 201, from August 2012 to May 2013.

1. Fraud;

A. On March 22, 2012, the Defendant against the victim F is expected to pay the victim F with the victim F at the victim’s office located in Gyeyang-gu Seoul Metropolitan Government G around Seoyang-gu Seoul Metropolitan Government.

Since he/she had a real estate owned by his/her mother, he/she made a false statement to the effect that he/she would have repaid the real estate even if he/she received a loan as security.

However, at the time, the Defendant did not have any intent or ability to pay money even if he borrowed money from the injured party, because the Defendant was in excess of his obligation due to the existence of a majority of the debt owed to the financial institutions and the

Nevertheless, the defendant deceiving the victim as above and transferred 10,000,000 won to the victim through the bank account in the H’s name on the same day.

From that time until July 5, 2012, the Defendant, including that, by means of the following: (a) from that time, deceiving the victim by the same method five times in total, such as the list of crimes in the attached Table (1) and was remitted to the damaged person in total as the borrowed money.

B. On April 12, 2012, the Defendant made a false statement to the effect that “The Defendant would make a settlement on the payment date on the face of the bill at a discount,” with the victim I at an influence (hereinafter “the bill”).

However, the Defendant did not have any intent or ability to settle the payment on the due date of the bill, even if the amount of the bill is discounted by the injured party, since the Defendant exceeded his/her obligation as stated in Paragraph 1(a).

Nevertheless, there is a need to do so.

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