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(영문) 수원지방법원 2016.06.24 2015고단5088
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of fraud on April 27, 2011 shall be acquitted.

Reasons

Punishment of the crime

1. The Defendant’s fraud around May 3, 201, around May 3, 2011, at a restaurant where the trade name in Samsung-dong, Gangnam-gu, Seoul is unknown, the Defendant requires funds for the business of recycling waste oil to the victim C.

If a loan is made by 50 million won, it will be repaid immediately.

“.............”

However, in fact, the Defendant did not have any particular property or income at the time, while the Defendant was only liable for a debt equivalent to KRW 200 million, and there was little possibility of promoting the above business because there was no specific business plan or funding plan in relation to the closed milk recycling business. Therefore, even if the Defendant borrowed money from the injured party, it did not have any intent or ability to repay it.

The Defendant, as seen above, by deceiving the victim and deceiving the victim, received the total of KRW 45 million around May 3, 201, and KRW 50 million around May 19, 201, including KRW 500,000,000 from the victim to the account in the name of one bank account in the name of a corporation in which the Defendant actually operated.

2. The Defendant’s fraud around July 18, 2014, at a restaurant where it is difficult to know the trade name in Samsung-dong, Gangnam-gu, Seoul around July 18, 2014, the Defendant promptly repay the victim C with the proceeds from the business of lending KRW 20 million to the victim C.

Even if the project is wrong, it shall be repaid by other methods.

“.............”

However, in fact, while the Defendant did not have any particular property or income at the time, the Defendant was only liable for a debt equivalent to KRW 200 million, and there was little possibility of paying profits by promoting the above business as it did not have any specific business plan or financing plan even with respect to the Skin sales business. Therefore, even if the Defendant borrowed money from the injured party, the Defendant is willing to pay the said money.

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