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(영문) 수원지방법원 여주지원 2013.05.31 2013고단94

사기

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

Reasons

Punishment of the crime

Defendant

B is the representative director of G who is a corporation that sells a chickens in the F store, and the defendant A is the husband of B in charge of external activities concerning the operation of G.

Although the Defendants sold the chickens amounting to approximately KRW 162,00,000 on an average monthly basis by operating the chickens sales business, the monthly average operating expenses incurred approximately KRW 140,000,000. The Defendants’ personal debt amounting to approximately KRW 500,000,000 with interest, etc. was required. From October 201 to October 201, the Defendants had no intent or ability to pay the payment of the payment of the payment of the payment of the payment of the payment, even if they were to receive the payment of the payment under the pretext of the payment of the investment, even if they had no intent or ability to deliver the payment of the payment of the payment of the payment, and even if the payment was received by purchasing the payment of the payment for the payment of the payment, due to the decline in business management due to the decrease in the profits from the operation of the KK’s directly from the F’s business due to the aggravation of business management.

1. The Defendants’ co-principal

A. On November 24, 2011, the Defendants conspired to pay 13% of the monthly proceeds to the victim J in Busan office of the I company located in the nineth floor of the HG in Busan Metropolitan City, the Busan Metropolitan Government of the H building. The Defendants stated that the victim J would pay 45 million won to the Skindor, which is operated by the F Company WUG in the KAG, and that the KJ would pay 13% of the monthly proceeds. The Skindo project will be profitability-free.”

However, as above, the Defendants did not notify the victims of the intent or ability to pay the proceeds without fail monthly, even though they received the money for investment in the status of the aggravation of the management of the above chickens sales business, and did so by fraud from the victims as above, and acquired 45 million won, including the sum of KRW 10,000,000 on November 26, 201, and the sum of KRW 35,000,000 on December 2, 201, from the victims under the name of the bank account (Account Number:K) in the name of G bank.

B. The Defendants conspired with each other on December 15, 201.