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(영문) 서울중앙지방법원 2018.01.12 2016고단8937

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 7, 2011, the Defendant was sentenced to a suspended sentence of one year of imprisonment due to occupational breach of trust, etc. at the Seoul Eastern District Court, and the judgment became final and conclusive on the 15th day of the same month.

Defendant was established for the purpose of overseas resources development projects, etc. on March 2010, and was in the state of capital erosion due to the lack of business performance.

B Co., Ltd. (the original “Co., Ltd.”), but around March 11, 2010, the trade name was changed as above.

hereinafter referred to as “B”) shall take over and take over the same year

5. Until August 18, 198, the representative director held office and promoted the business of selling in lots, the business of selling in lots, and the business of selling in Australia mine.

1. On March 5, 2010, the Defendant was guilty of fraud, and on March 5, 2010, the Defendant loaned funds to the victim F, who was working at the office of the Seocho-gu Seoul building, Seocho-gu, Seoul, and the vice-chairperson of the building B, and the victim F, who was working as the vice-chairperson of the building B, to repay the funds at any time.

“......”

However, in fact, the Defendant is a person with bad credit standing at the time, and there was no particular property or income, and the Defendant was merely a vague concept of inducing another person’s funds and promoting a business without any particular capital, and as such, there was no specific financing plan that was established, the success of the business was extremely unsound. Therefore, even if the Defendant borrowed money from the injured party, there was no intent or ability to repay the borrowed money.

Around March 5, 2010, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the H bank account in the name of G, the Defendant, as the loan money, from the victim, and acquired it by defrauded.

2. On March 31, 2010, the Defendant was in the J floor of the Yeongdeungpo-gu Seoul Metropolitan Government I Building around March 29, 2010.

At the office of B, the victim F is required to lend money to the victim F. When a mine is sold, it will be repaid.

“......”

However, facts are true, the defendant.