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(영문) 서울북부지방법원 2016.11.10 2016고단495

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 116,890,000 won to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

The Defendant, from around 2001 to June 30, 2008, operated the Home Network System Development Enterprise (State) D. From around 2001 to around 30, the Defendant, while maintaining a family relationship with the victim C, was well doing business in the victim’s “(State) D,” and is expected to open the convenience store and the paramount F, in Dongdaemun-gu E, and is promoting the business by giving KRW 100 million to the Gangnam-gu reconstruction enterprise. Therefore, if the business funds need to be loaned money, the Defendant, stating that the Defendant would pay the second installment interest every month, and that (State) D operation would be well implemented.

1. On April 2, 2008, the Defendant made a false statement to the effect that, “Around April 2, 2008, the Defendant would immediately prevent the Plaintiff from repaying Promissory Notes if the Defendant fails to prevent the Plaintiff from withdrawing the amount equivalent to KRW 40 million issued by “(State)” until April 23, 2008.

However, in fact, D did not have a good operational status as much as it did not pay approximately KRW 76 million of corporate tax on August 2007, and it did not have business performance since early 2008, and the Defendant did not have any intent or ability to repay it even if it borrowed money from the victim because it did not have any particular property or income.

Accordingly, on April 2, 2008, the Defendant received 4.5 million won from the victim to the Japanese bank account (H) in the name of G (H) designated by the Defendant from the victim, from that time, and acquired the money by remitting the total of KRW 16.8 million as shown in attached Table 1 to 5, from April 18, 2008, under the name of borrowing money for the payment of corporate bills or business customers.

2. On April 26, 2008, the Defendant: (a) around the French land, on April 26, 2008, received a large amount of corporate tax from the victim due to the high profit of D during the period; (b) the Defendant applied for a loan of KRW 200 million to the Han Bank under the name of D.

However, there is a problem.