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(영문) 춘천지방법원 원주지원 2018.09.05 2017고단801

사기

Text

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

Reasons

Punishment of the crime

The defendant is a person who actually operates B, a corporation mainly engaged in the manufacture, production, and sale of PED lighting.

1. On January 2015, the Defendant’s fraud was committed by around January 2015, 2015, and the Defendant produced a luminous dedicated machine from Company B to the victim E from the beginning of the 2015 World War, from January 1, 2015, and was planned to manufacture it and sell it for approximately KRW 2 billion.

The loan of KRW 300,000,000,000,000,000,000, which is the cost necessary for the production of Do Do - shall be paid for 4 months, including the interest of KRW 50,000,00.

“The phrase “ was false.”

However, in fact, the defendant thought that 300 million won was borrowed from the injured party for personal purposes, but there was no idea to use it for the production of the luminous exclusive machine, and there was no intention or ability to pay the principal and interest until the agreed date with the profits.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred the victim’s money to the national bank account (G) in the F’s name on January 30, 2015, KRW 150 million on February 2, 2015, KRW 50 million on February 3, 2015, and KRW 50 million on February 3, 2015.

2. On April 3, 2015, the Defendant: (a) around early April 2015, at the place indicated in paragraph 1, 2015, borrowed 300 million won as stated in paragraph (1) from the victim E, “On the face of an additional loan of KRW 100 million after the production of the luminous exclusive machine was completed; (b) the production of the luminous exclusive machine was completed with the additional loan; and (c) the Defendant borrowed 300 million as stated in paragraph (1) until June 3, 2015.

“A false representation was made.”

However, in fact, the defendant thought that he would use KRW 100 million from the injured party for personal purposes, but did not have any idea to use it for the production of the luminous exclusive machine, and there was no intention or ability to pay the borrowed money to the injured party by the agreed date after selling the luminous exclusive machine.

Nevertheless, it is not appropriate.