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(영문) 대전지방법원 2013.08.16 2013고단2246

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From July 2011 to February 2012, the Defendant operated C main points. The Defendant committed the following crimes even if (i) the obligation such as bonds, etc., including KRW 50 million, and (ii) interest amounting to approximately KRW 4.2 million per month; (iii) on the other hand, even if (iv) the Defendant received an investment from the victim D or borrowed money from the victim D, there was no particular income or property, and (iv) the Defendant did not have any intent or ability to pay the proceeds properly.

1. On June 201, the Defendant: (a) made a false statement to the effect that “The Defendant would obtain an excessive loan from the victim at the time of opening to the public at a F cafeteria operated by the Seo-gu Daejeon E victim on the ground that “the Defendant would make an investment of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, for the purpose of investment from the victim; and (b) obtained a total of KRW 20,00,00 from his agricultural bank account.

2. Around July 23, 2011, the Defendant borrowed from the main operating fund of the Daejeon Seo-gu, Seo-gu, Daejeon: (a) the Defendant: (b) obtained from the victim a total amount of KRW 13.6 million from the victim to receive a loan from the victim to pay the funds that require operating funds, such as employee monthly wages, food materials expenses, and purchase cost of alcoholic beverages; and (c) obtained from the victim as the loan money; and (d) obtained from the victim to receive KRW 2.5 million on July 23, 201; (e) KRW 2 million on August 8, 201; (e) KRW 2 million on August 12, 201; and (e) KRW 600,00 won on August 31, 201; and (e) September 10, 2011.

3. On December 17, 2011, the Defendant borrowed a bill of exchange with the purport that “Aber shall engage in H Mart supply business, and his father shall not lend the bill to the victim, and if he lends money, he shall be paid off as sold to the land in the pipe-dong warehouse,” at the place specified in paragraph (1).