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(영문) 대전지방법원 2015.05.07 2015고단889

사기

Text

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

Reasons

Punishment of the crime

1. On July 30, 2013, the Defendant: (a) at the O office located in Gwangju-si N, Gwangju-si; (b) “When the Defendant intended to establish a R under the name of the cosmetics company, the Defendant would guarantee the victim P the victim P the amount of at least 30% of the shares of the chairperson company and at least 3 million won for the cosmetics company’s work; (c) in addition, the Defendant sold the shares of the chairperson company and purchased other bonds instead of 1 bonds of the party loan in which the sale is inside, instead of 1 bonds of the party loan, which is currently being sold; and (d) there is no cash, the Defendant would offer a part of the purchase fund with the bill of exchange and receive the remainder of the loan by receiving the registration of transfer on loan; and (d) once, the Defendant would have borrowed KRW 100 million in the name of the issuance cost of the bill with the maturity of at least three months for three months.”

However, in fact, the defendant did not have the ability or intent to guarantee 30% of the company shares and 3 million won or more, and did not have the ability or intent to sell or purchase the shares in lieu of loan, and the bill issued by the defendant could not be settled because it was not a bill issued normally.

around July 30, 2013, the Defendant received 7 million won from the victim to the S account designated by the Defendant under the name of the Defendant as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 31, 2013, the Defendant stated that “Around July 31, 2013, the Defendant entered the company office deposit amounting to KRW 50 million, and entered a cosmetic factory and entered several million. Q would lend KRW 30 million to the Defendant only until the office’s operating funds enter the cosmetic in Japan, and return it for 30 million.”

However, there was no intention or ability to repay KRW 30 million in a short term even if the above money was borrowed because it did not prepare for manufacturing cosmetics.

Above July 31, 2013 from the victim to the defendant

8.1.Wronon.