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(영문) 춘천지방법원 2015.07.09 2014고단1357

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative director of the F Agricultural Cooperative Corporation (hereinafter referred to as the "F") in Chuncheon-si E.

1. On June 2012, the defrauded: “F is a company established on or around January 2012, and sales are at least 4-500 million won per month. The present factory is a building leased land, which is owned by the company, and is currently in the possession of one ton of the company, and is currently in two ton of the company, and the company is going to purchase several additionals. However, as the beginning cost of the establishment of the corporation is high, there is insufficient money at this time, and all of the moneys can be recovered within two months. It is false to the effect that “F is a company established on or around January 2012, and sales are at least 4-50 million won per month.” The present factory is to pay interest every three million won since 2013 if it is lent only KRW 100 million per month.”

However, in fact, F had a total of KRW 20 million at the time, and due to the lack of the purchase price of raw materials, it was practically difficult to operate because it was difficult to meet the delivery date due to the lack of the raw materials purchase price. Since the factory leased the building owned by the land owner, there was no property in F, and there was no plan to additionally purchase the truck, and even if the amount of attempted money is recovered, it is difficult for F to bring the Defendant’s monthly wage to the contrary because there was no payment of personnel expenses, etc., and therefore, even if the victim borrowed KRW 100 million from the victim, there was no intention or ability to pay interest of KRW 3 million per month.

As such, the Defendant, by deceiving the victim, and deceiving him/her as such, to KRW 50 million from the victim on August 13, 2012, and the same year.

9. 17.20 million won, 10.5.10 million won for the same year, 13.10 million won for the same month, and 13.13 million won for the same month, and 11.6.13 million won for the same year, shall be transferred to the Agricultural Cooperative Account in F’s name (Account Number H) for each borrowed loan, and shall be acquired by fraud in total 1.3 million won.

2. The Defendant is the victim F from June 25, 2012 to May 2013.