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(영문) 수원지방법원 성남지원 2012.10.17 2012고단1162
사기
Text

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution in the Suwon District Court's Sungnam branch, and the above judgment became final and conclusive on June 14, 2012.

On October 2, 2006, the Defendant: (a) around 2, 2006, within the scope of D operated by the Defendant located in Gwangju-si, Gwangju-si; (b) the victim E and F couple, who came to know in the course of requesting construction of a tent, “The Defendant is making a direct transaction with his/her in-house system; (c) he/she borrowed money from his/her in-house to his/her in-house; and (d) he/she does not exceed four months; and (d) he/she bears a burden on why his/her in-houses money will not be extended. Whether the business fund needs to be extended, if he/she lends money as a security for four months; and (d) he/she lending money; and (e) lending money to a third party; and (e) lending money to a third party; and (e) allowing a branch to establish

However, as there was no particular income from aggravation of the business situation at the time, the Defendant was urgent to repay the bills that became due to the victims’ lending money, and the wages of the employees employed in the said industrial company were not paid properly. Thus, even if a new promissory note was issued, it was not capable of paying them at that time. In fact, there was an imminent situation such as the above industrial company’s default on payment of the last promissory note around January 30, 2007, and around January 30, 2007, the said industrial company did not pay the victims, and there was no intention or ability to pay the said promissory note as above. The Defendant did not have any intent or ability to pay the said promissory note, including the establishment of a collateral security in excess of the maximum debt amount exceeding the victim’s land and building owned by the Defendant where the said industrial company was located.

The Defendant, as above, is liable for the discount of promissory notes issued D on October 2, 2006 (G, face value 20 million won, and the due date February 10, 2007) from the victims who believe that the horses are true, 1.

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