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(영문) 서울남부지방법원 2014.04.29 2014고단494

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal power] On April 5, 2013, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for fraud, etc. and the judgment became final and conclusive on April 22, 2013.

【Criminal Facts】

In around 1987, the Defendant was a business start-up owner of the Young Children’s Products Manufacturing Company (State)C, and around August 2003, the Defendant established and operated (State) D, etc. for the purpose of producing and selling medical supplies, and operated the said Company, and it was difficult to talk with F of the Victim F of the E Branch, who made financial transactions since 2005, that “E is retired as an officer.”

(A)On the other hand, due to business depression, there was a net loss equivalent to KRW 1.1 billion in the business year in 2007. Since the beginning of 2007, there was a deficit in the amount of KRW 2.300 million per month, and the wages for workers were not paid from the beginning of 2007.D did not generate special profits compared to the investment funds. The Defendant was given a loan to a financial institution from an individual-owned building up to KRW 1.1 billion as security. Therefore, even if the Defendant borrowed money from another person, it did not have any intention or ability to pay the money from time to time.

Nevertheless, on June 2007, the Defendant called the victim in the E branch office located in Gangseo-gu Seoul Metropolitan Government G from the Haman Park Jong-si, to the effect that “If it is necessary to prevent bills, it shall be repaid within one year if it is lent KRW 250,000,000.”

On June 2007, the Defendant, by deceiving the victim as above, received 150 million won from the victim, borrowed from H, the victim’s seat, and 100 million won borrowed from the victim, and 250 million won in total from the employees of the Defendant Company through the Defendant Company.

In addition, from around that time to September 29, 2008, the Defendant acquired 636 million won in total from the victim on four occasions as the loan money in the same manner as the list of crimes in the attached Table from around that time to September 29, 2008 and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement 1.1.