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(영문) 서울남부지방법원 2014.08.21 2014고단2176

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2012, the defendant was sentenced to three years of suspension of the execution of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court on July 12, 2012, and the judgment became final and conclusive on October

The defendant is a person who has been the representative of the D funeral hall located in Geumcheon-gu Seoul Metropolitan City.

On July 201, the Defendant decided to transfer 30% of the shares of the above funeral hall to E, while receiving KRW 520 million, but failed to secure the shares, and led to the failure to appropriately transfer the shares, the Defendant ordered F et al. to borrow money to be used for the agreed amount with E.

In accordance with the direction of the defendant on September 28, 201, F told the victim G to the effect that "A shall pay KRW 300,000,000 per month as interest if it lends KRW 100,000 to A in connection with the operation of a funeral hall, and the principal shall be repaid after one month."

However, even if the defendant borrowed money from the victim, he/she has to pay the agreed money to the above E, and there was no intention or ability to pay the borrowed money properly because the funeral hall cannot be re-contractd due to the problem with the building owner at the time.

The defendant obtained KRW 100 million from the victim and acquired it through F.

On October 20, 201, the Defendant continued to provide the victim with F, “The amount of KRW 100,000,000,000,000,000,000 capital for additional premium shall be paid to the victim, and the additional premium of KRW 25,00,00,000,000 shall be paid to the victim.”

However, in fact, the defendant did not have the intent or ability to pay the victim a share or dividend even if he received money from the victim, because the dispute occurred while he agreed to transfer all the shares of the funeral hall owned by the defendant to the above E.

On October 29, 2011, the Defendant: (a) on October 29, 201, and (b) through F.