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(영문) 서울동부지방법원 2016.11.10 2015고단2320

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2015 Highest 2320] The Defendant is a corporation D (hereinafter “D”) established for the purpose of planning performance from around 2011 to a person who operated E.

From July 2012, 2012, the Defendant: “The Victim F, who was aware of it, was to receive an investment of KRW 3.8 billion in connection with a performance in Japan; the security deposit is required. If the Defendant borrowed a security deposit, the Defendant received an investment and subsequently borrowed money with approximately KRW 400 million that was not repaid before the loan, and requested the said victim to borrow money to be used as a security deposit for performance investment.”

However, the Defendant, at the time, was unable to pay wages to employees due to the difficulty of funds of the performance planning company operated by the Defendant, such as D, and the Defendant was unable to pay approximately KRW 4.8 billion loan borrowed from the Defendant F, and the said investment plan of KRW 3.8 billion (hereinafter “3.8 billion investment plan”) was known that the Defendant, who had no funds, was in the name of the Defendant, in order to borrow the employee’s benefits and the funds to be used in the operation of the company, the said investment plan of KRW 3.8 billion was planned by G while borrowing the funds to be used in the public performance business, and the Defendant did not have any rights and obligations with respect to the said investment case, and the Defendant did not have any intent or ability to attract the investment amount of KRW 3.8 billion.

1. After the morale against the victim H on August 11, 2012, the Defendant introduced the victim H at the J office of the F’s J office located under the said F’s building I in Suwon-si, Suwon-si, Gyeonggi-do, to the same purport, and received an investment of KRW 3.8 billion from Japan to the said H, the security deposit is required, and the investment amount is not paid in full unless the security deposit is paid.

If 100 million won is lent to the security deposit, it shall be repaid without money including interest after 7 days.

“The purpose of “ was to make a false statement.”

The Defendant is identical to this.