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(영문) 부산지방법원 2017.08.10 2015고단5648
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On October 15, 2015, the Defendant was sentenced to one year of imprisonment for a crime of taking property in breach of trust by the Seoul High Court, and the judgment became final and conclusive on January 14, 2016.

Around August 2, 2012, the Defendant: “Around August 2, 2015, the 2015 Highest 5648,” from the Certified Judicial Scriveners F Office located in Busan, the Defendant, “A person H is currently performing construction with permission to establish a funeral hall, and a charnel house in the Nam-gu, Ulsan-gu, J. I., and us is expected to be entitled to transfer his business rights. However, if the funds are urgently needed to prevent H from the default, she will lend 250 million won to H more than three months after paying back the money again; and the funeral hall and a charnel house construction work will be entrusted to the K company (victim) in which she is operating the new (victim).

“A false statement was made to the effect that it was “.”

However, the Defendant did not have certain income or assets at the time, and was liable to pay approximately KRW 700 million for his/her employees’ wages in relation to his/her business in Ulsan-gu, Ulsan-gu, and was unable to receive the said J business license normally due to the circumstances in which the said J business license could not be normally transferred due to the said J contract, and thus, even if borrowing money from the injured party, there was no intention or ability to pay the said J business license more than three months or to take charge of the construction of funeral and charnel houses to the said K operated by the victim.

Nevertheless, on August 2, 2012, the Defendant: (a) by deceiving the victim; and (b) around August 2, 2012, the Defendant was issued KRW 200 million with the account in the name of L 540210712635; and (c) 50 million with the check and cash.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant indicted the personal representative director, who is the representative director of the victimO, in the N office located in Ulsan-gu M around October 10, 2014, of the 2016 Highest 3177, as the victim, but it is obvious that the corporation is the victim.

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