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(영문) 서울남부지방법원 2021.01.27 2018고단4162

사기

Text

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

Reasons

Punishment of the crime

around April 16, 2017, the Defendant, “2018 Highest 4162, the Defendant, at the C office operated by the victim B in Gwangju-dong-dong-dong-gu, Gwangju-gu, the victim, “D companies run the micro-organism farm business jointly with E, and the amount of profits can be seen as high if such funds are invested.

In this regard, there is no fund to be invested in the above business so that it is false to lend KRW 100 million first.

In fact, the Defendant had no particular property at the time. Moreover, the Defendant was planned to use D Co., Ltd. operated by the Defendant had no sales performance at all, and the said project promotion plan was not finalized, and the money received from the injured party was used as other business activities, office operation expenses, etc. related to health functional foods, and there was no intention or ability to pay it properly even if he received money from the injured party as a loan.

The Defendant, as such, by deceiving the victim as such, received money from the damaged party to the F bank account in the name of the Defendant on April 17, 2017, from the victim, KRW 50 million, and KRW 50 million from the said account around April 19, 2017, respectively.

G is the head of a private teaching institute, and the defendant is the person engaged in the cosmetics distribution business, and the victim H who intends to build a hotel in the quantity of Gangwon-do is recruited to receive money as loan brokerage expenses. On March 2, 2017, the fact at the "J Co., Ltd." office located on the 43th floor of the Seoul Metropolitan Government I building on the 40 billion won of loan brokerage expenses is not the intention or ability to receive a loan of 40 billion won even if he/she receives the loan brokerage expenses, it is false that "the victim requests the amount of KRW 80 million from a financial institution to pay a PF loan of 40 billion from a financial institution to construct a hotel," and the victim received KRW 100 million from the victim through the K bank account in the name of the defendant on the same day.