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(영문) 전주지방법원 정읍지원 2017.01.12 2015고단480

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2014, the Defendant related to D Co., Ltd. is obliged to pay the victim E at the mutual aesthetic coffee shop in Gangnam-gu Seoul, Seoul, by giving 10% of the shares in relation to D Co., Ltd. with investment in the business, and by guaranteeing the profit therefrom.

The phrase “ makes a false statement.”

However, in fact, the Defendant was in bad credit standing due to excessive debt at the time, and there was no particular property or income, and there was no decision to commence voluntary auction for D Co., Ltd. which was operated by D Co., Ltd. immediately before the closure of business. Even if the Defendant received investment funds from the injured party, most of them were plans to use them for repayment of obligations related to D Co., Ltd. and their personal debt, and thus there was no intention or ability to return the investment proceeds promised to the victim in the future.

On April 8, 2014, the Defendant received KRW 20 million from the damaged party’s post office account in the name of F in the name of the wife at a place where it is impossible to identify the location located at regular Eup/Myeon on April 8, 201.

In addition, from around that time to around July 10, 2014, the Defendant: (a) by deceiving the victim by the same method five times in total, such as attached Table 1 to Table 5 1 to Table 5 attached hereto; and (b) received 80,000 won in the amount of damage No. 43 in attached Table 2 in the indictment of the crime list 2 in the crime list 1 to 50,000 won as a clerical error of KRW 50,00,000 as an employee; and (c) used 12,94,5444 won in total with credit card in the victim’s name, such as correction and 3.

Accordingly, the defendant, by deceiving the victim, obtained property benefits and acquired property benefits.

2. The Defendant involved in H Co., Ltd. operates H Co., Ltd. with the victim E at a place where it is difficult to know the location at the time of Jung-Eup, 2014.