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(영문) 대전지방법원 2015.02.11 2014고단3210

사기

Text

Defendant

A Imprisonment with prison labor for one year, for four months, and for six months, for defendant C, respectively.

, however, the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 16, 2014, Defendant B was sentenced to imprisonment with prison labor for 10 months in the Busan District Court for fraud and 2 years in suspended execution, and the judgment became final and conclusive on the 24th of the same month.

【Criminal Facts】

Defendant

A was the representative director of the FF corporation, and Defendant B and C were the former employees of the FF corporation.

1. Defendant A:

A. On April 23, 2013, “H coffee shop” was written in the indictment of the F Co., Ltd. office as the place of crime, but according to each of the witnesses’ respective statutory statements, it appears to be a clerical error.

From this point of view, Defendant B, via Defendant B, concluded that “A, the president of a non-ferrousy president, borrowed money to lend KRW 50,000 to the victim G within six months, he/she returned the principal, paid KRW 200,000 per month interest, and granted the lease fee of an Arid vehicle, which is a lessee of a vehicle on which he/she is on board, and after the lease period expires, he/she would have the vehicle transferred in the future.”

However, the facts revealed, however, that there were almost little difficulties in operating the company at the time, and the monthly salary was not paid to its employees, and the amount of taxes in arrears was equivalent to KRW 200 million, and the amount of personal debts was equal to KRW 100 million. On the other hand, even though the claims to be paid did not have any intent or ability to fully repay within the agreed period even if the victims borrowed money due to the failure to recover the claims, the Defendant, as above, by deceiving the victims as above, received KRW 15 million from the victims on April 25, 2013 and KRW 5 million on April 25, 2013, through the Defendant B and the Defendant B received KRW 15 million on the face of KRW 35 million.

B. On May 14, 2013, the victim G made a false statement that “if there is an urgent investment but only 30 million won is lent, it would give KRW 50,000 as the principal and interest interest by the end of this month” by posting a telephone to the victim G at an unsound place in Gangseo-gu Busan Metropolitan City.

However, the facts above A.

Even if the victim borrowed money from the victim, the defendant did not have the intent or ability to repay the money, as above.