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(영문) 서울동부지방법원 2017.10.26 2017고단1574
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 2014, the Defendant taken office as the Dormant Corporation representative, which is the Plaintiff’s sole property, and thought that he will create a swimming pool, writing glamping on the ground of the instant company D9 parcel of land, which is the only property of the said company, to operate a cooking business.

However, there was almost no annual sales such as the total debt amounting to 1.3 billion won in 2013, and the above land (the appraisal amounting to 880 million won) was set up as a collateral security amounting to 600 million won, so it was difficult to raise the construction fund.

On the other hand, the Defendant had already appropriated KRW 150,000,000 from April 2, 2014 to May 2, 201, for the insufficient construction funds or living expenses, with credit card loans worth KRW 50,000,000.

1. Around May 2014, at a place where it is impossible to identify a place not exceeding Seoul, the Defendant, by advertising the victim E, can be placed to the victim E, and the victim E operates the Frigic Corporation in the domestic city, and the Defendant may be punished by a larger amount of money if he/she establishes and operates a camping frigr at that place.

If an investment of KRW 38 million is made, it shall be made by making a false statement that it shall be paid KRW 38 million per month with a profit for a period of three months, and shall be repaid the principal amount of KRW 38 million after three months. Upon sending the written agreement to the victim to purchase KRW 38 million, the victim sent the written agreement to purchase KRW 38 million, and on June 18, 2014, the victim was remitted to the bank account under the name of the defendant in the name of the defendant around June 18, 2014.

However, in fact, the Defendant used the said investment in his credit card loans, personal debt repayment, living expenses, etc., and borrowed the said investment amount from the revenue company on October 2014 at the rate of KRW 210,000 to KRW 470,000 per month without purchasing camping tr, and returned it to the revenue company on March 2015.

In addition, since the defendant borrowed money from the beneficiary and raised the construction cost of one billion won, even if he receives the investment from the victim, he uses it for the purpose, or creates the proceeds of investment or principal.

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