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(영문) 광주지방법원 순천지원 2016.03.30 2015고단2279

사기

Text

Defendants shall be punished by imprisonment for ten months.

However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From around 2010, the Defendants jointly operated a waste recycling company, such as scrap metal, with the trade name of E, and from February 12, 2014, with the trade name of F, an incorporated association (hereinafter “F”).

1. On April 13, 2012, the victim G made a false statement to the effect that Defendant B “I will pay back within three months if I will lend 10,000,000 won with a bid bond.” Defendant A sent phone call to the victim G to the effect that “I will lend money to the management of the company.”

However, at the time, the above E was operated as a hostile state, and the payment of wages was paid to the employees, and even if the Defendants borrowed KRW 10,000,000 from the damaged party due to the absence of particular assets, they did not have the intent or ability to repay within three months.

As above, the Defendants conspired to induce the victim as above and received 10,000,000 won from the victim G to the account under the name of Defendant A for the purpose of borrowing money, and acquired all seven times from around that time to November 26, 2013, such as the list of crimes in the annexed crime list.

2. The Defendants, along with the victim I, committed fraud at the F Office located in the GJ in the Yellow-siJ on January 2015, 2015, and the victim I, “In the commercial building demolished in Seoul, the victim I were removed.”

50,000,000 won was contracted and the down payment was to enter immediately, and thus, it was false to the effect that 20,000,000 won was lent and repaid for 150,000 won.

However, at the time of the Defendants’ operation of the above F in a hostile state, the Defendants paid the above F, and even if the Defendants borrowed 20,000,000 won from the damaged party due to the absence of any specific property, they did not have the intent or ability to complete payment for 15 days.

As above, the Defendants conspired with each other.