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(영문) 서울중앙지방법원 2014.10.31 2014고단5554

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【2014 Highest 554】 The Defendant was the president of E Co., Ltd. established for the purpose of housing construction (execution) from January 8, 2002 to September 23, 2003.

1. Around 14:00 on June 12, 2003, the Defendant made a false statement to the effect that “The Defendant would pay the principal 10% interest per month if the Defendant borrowed the victim an additional purchase of the apartment site in Busan to purchase the apartment site due to the shortage of funds to purchase the apartment site in Busan, the Defendant would pay the victim the interest of 30 million won per month and pay the principal two months after the lapse of the two months.”

However, in fact, the Defendant had no capital and had no intent or ability to pay the money even if it is necessary to continuously borrow the money from the victim to prevent the return of the money borrowed to use the land purchase fund for apartment construction and the company operation fund, etc.

As above, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim, namely, from the seat of the victim, and around November 1, 2003, the charged facts are deemed to be a clerical error, but they seem to be a clerical error in the indictment from November 1, 2013.

Until now, the amount of KRW 4500,000 has been acquired through 4 times, such as the attached list of crimes.

2. Around May 23, 2003, the Defendant embezzled by arbitrarily using KRW 200 million in custody for the victim, after receiving KRW 200,000,000 from the State F, the former manager of the E, as the repayment of the debt of KRW 1 billion for the victim DT.

【2014 Highest 5721】 The Defendant is a person who operates (ju) DW for the purpose of the livestock product processing business, etc. in Gangnam-gu Seoul Metropolitan Government.

On November 24, 1998, the Defendant lent KRW 20 million to the victim DW office at the above State DW office at the victim DX at the end of November 24, 1998.