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(영문) 서울중앙지방법원 2015.09.03 2015고단2273
사기
Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, from May 2010 to December 2013, 2013, operated the said Company as the representative director of “D” corporation that imported and sold the Ansan, and operated the said Company with the trade name of “E” from July 2010 to January 2014 after completing business registration under the victim C’s name.

1. Around May 2012, the Defendant made a false statement to the “E” store located in Gangnam-gu Seoul, Seoul, on April 2012, 2012, that the Defendant used the victim employed by the Defendant as an optician, stating, “The Government would have provided a loan to B under the name of C because he/she would have provided a loan as low as interest, and his/her business registration is also registered in the name of C. The loan will be repaid by sales.”

However, at the time of fact, the Defendant had no financial difficulties due to the low sales and profit compared to the expenditure of goods, employees’ benefits, taxes, rents, etc., while operating (ju) D and E, and the first financial institutions from the first financial right was unable to obtain a loan due to the fact that the first financial institutions from the first financial right have already been unable to obtain a loan, and thus, the Defendant did not have the intent and ability to repay the principal and interest even if he borrowed the money borrowed under the name of the victim.

The following year from the victim: (a) the defendant deceivings the victim as such and caused the victim to obtain a credit loan of KRW 25 million from the Seoul Credit Guarantee Foundation located in the Gangnam-gu Seoul, Seoul, on April 26, 2012; and (b) the victim to obtain a credit loan of KRW 25 million.

5.2.4,00,000 won, 770,000 won on the same day, and the same year.

5.3.1,752,00 won, 8,248,710 won on the 5th of the same month, 2,000,000 won on the 8th of the same month, 6,600,000 won on the 10th of the same month, or 1,400,000 won on the 18th of the same month in cash or under the name of the victim managed by the defendant, or 24,70,710 won on the deposit account in a new bank account in the name of the defendant, etc.

2. On November 22, 2012, the Defendant is located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government G on the first day of November 2012.

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