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(영문) 대구지방법원 서부지원 2017.07.21 2017고단274

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who was operating the said company, as the representative director of the (ju) F in Gyeong-si L from February 2013 to May 20, 2015.

A. The Defendant, on May 2014, committed fraud against the victim V (1) is a company with excellent technical skills and expected to develop future business development to the victim at a coffee shop near the Daegu-gu Gyeongdong Arboretums Arboretums (Seoul) that was a patrolman.

On the face of investment, 30 million won or more of the equity shares are allocated from June 2014 to August 2014, 300,000 won by the 15th day of each month, 60,000 won by the 15th day of each month from September 2014 to March 2015, and 10,000 won from April 2015 to March 2025 as dividend.

“False speech was made to the effect that it was “.”

However, the facts revealed that the Defendant’s (State) F had the obligation to pay KRW 1.8 billion to the Daegu Bank and KRW 200 million to the Credit Guarantee Fund, and that the operating profit in 2013 was about KRW 29 million and approximately KRW 8 million per net profit was about KRW 20,000,000, and that the business outlook was unsatisfy and serious financing shortage. In order to prevent the refund of bills of exchange or personal debt with the investment deposit, the Defendant did not have the intent or ability to pay dividends, etc. under the above conditions even if receiving the investment from the damaged person.

As such, the Defendant, by deceiving the victim as such, was issued a promissory note with a face value of KRW 170 million, including KRW 150 million on June 5, 2014 and KRW 20 million on the pretext of investment from the victim, under the pretext of investments.

(2) On June 2014, the Defendant paid the full amount including the investment money received prior to the face of the lending of money to the victim at a coffee shop near the Daegu-dong Daegu Arboretums (Seoul-dong) Daegu Arboretums.

“False speech was made to the effect that it was “.”

However, as above, the Defendant has already exceeded his/her obligation, and thus prevents him/her from returning the bills or personal debt with the borrowed money.