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(영문) 광주지방법원 2018.02.08 2017고단3988
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on October 2016, at the head office of “D” operated by the Defendant on the Seo-gu, Seo-gu, Gwangju, and 1st century, received alcoholic beverages from a person in charge of the victim E Co., Ltd. to F, a person in charge of the victim E, and attempted to change the customer because it does not comply with the foregoing.

G arranging transactions with the victim company from October 19, 2016, and purchasing alcoholic beverages of at least KRW 500,000 per month beginning transactions with the victim company, and in order to increase franchise stores, franchise stores will also deal with the victim company.

The loan of construction cost is KRW 30 million in G and the application for the loan is made to the Savings Bank in order to pay the money.

In G, once the savings bank loans to pay KRW 30 million prior to the maturity of the loans, the victim company borrowed KRW 30 million to pay the construction cost, and if the savings bank loans to KRW 30 million, the bank will immediately pay KRW 30 million to the victim.

The phrase “ makes a false statement.”

However, even if 30 million won was borrowed from the injured party, some of them were thought to be used for other purposes, such as personnel expenses. At the time, the accused was in excess of his obligation, and H was also unable to obtain loans due to a large number of debts, and it was difficult to suspend the transaction with G due to the impossibility of paying the outstanding amount due to the impossibility of paying the outstanding amount due to G, and is not 5 million won per month in the injured company, and there was no intention or ability to pay 30 million won to the injured party properly.

Defendant deceptioned the victim as above, and acquired money from the victim to H’s account on October 11, 2016 by remitting KRW 30 million to H.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the prosecution against the F;

1. Response upon a request for cooperation in investigation (the age evaluation information corporation);

1. A trade agreement;

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