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(영문) 전주지방법원 2015.09.24 2014고단1897

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around April 20, 2013, the Defendant received the victim D through C, a branch of a branch of a government-funded fund and a bank loan, etc., to begin a national water manufacturing business at that time. In order to start a business, 1.5 billion won is required for the victim to engage in a business. In doing so, the Defendant acquired the money of the victim as follows.

1. On June 3, 2013, the Defendant acquired the E and the certificate of beneficial rights, “G” in the “G” coffee shop located in Y in Y-gu, Y-gu, Y-si, Y-si, the Defendant: “In order to obtain a bank loan, the Defendant entered the victim with a unit of money in order to establish a new legal entity;” “it is defective to allow the victim to change and use the trade name of the E- legal entity established by it; “However, there is a debt, such as taxes in arrears, and ten million won is needed to adjust it; at the same time, the Defendant “the certificate of beneficial rights is necessary to obtain a bank loan, and there is a certificate of beneficial rights under the name of H in order to secure the bank”; “In order to bring the certificate of beneficial rights under the name of H, 10 million won should be refunded from the I president holding the certificate of beneficial rights, and 150 million won will be able to provide a loan to a bank.”

However, in fact, the Defendant, who had no income and occupation at the time, planned to use money for other purposes, was not used in paying the delinquent tax amount, etc. of E corporation with the said money, and did not intend to accept the said corporation to the victim, and even if he received money under the pretext of the return of fees, he did not have the intention to give it to I. And I did not have a certificate of beneficial rights, and therefore, I did not have any intention or ability to provide bank loans to the victim.

The defendant.