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(영문) 부산지방법원 동부지원 2017.02.02 2016고단1678
사기
Text

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

Reasons

Punishment of the crime

The Defendant is a person who actually operated (ju) for the purpose of developing software, online advertising, etc. from April 2009 to December 2015.

1. On February 2014, the Defendant against the victim I would pay the victim I a higher interest on a monthly basis and repay the principal until December 2014 to the victim I, who was working as the vice president of the (ju) H office located on the eightth floor of the JJ building in Busan, Busan, and (ju) the vice president of H.

“A false representation was made.”

However, (State) H had been operated by the Defendant since August 2013, 2013, the employees’ wages, office management expenses, and four social insurance premiums in arrears at the time due to the aggravation of management to the extent that it is impossible to repay debts, and the amount of personal debts reaches KRW 100,000,000, and even if personal debts have been borrowed from the damaged party, it was thought that they would be used for the Defendant’s existing debt repayment, living expenses, etc., and there was no intention or ability to pay the principal and interest properly according to the promise.

Around February 10, 2014, the Defendant, by deceiving the victim as above, received 20,000 won from the victim to the Saemaul Treasury account (K) account in the name of H under the name of (H) as the borrowed money from the victim.

In addition, from around that time to April 18, 2014, the Defendant received a total of KRW 168,500,000 through four times as the borrowed money as shown in the attached Table (1) of Crimes List from around that time to around that time, and acquired it by defraudation.

2. On November 4, 2014, the Defendant against the Victim L: (a) established a new company under the name of (H is difficult to operate) H in the name of Korea Technology Finance Corporation and the Small and Medium Business Corporation in order to normalize H if the Defendant borrowed the loan from the Korea Technology Finance Corporation and the Small and Medium Business Corporation to lend the loan; (b) made an investment to the new company and repay the existing loan.

“.....”

However, above.

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