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(영문) 부산지방법원 2014.06.19 2013고단7752
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 23, 2012, the defendant was sentenced to imprisonment with prison labor for one year and three years of suspended execution at the Busan District Court on September 27, 2012 as the representative director of D Co., Ltd. with the five floors of Busan Central District Court, and the above judgment was finalized on September 27, 2012.

On August 22, 2007, the Defendant established the F (State) as the representative director of the Defendant’s wife, and borrowed KRW 88.5 million from the branch in order to promote marine tourism projects in the B-do of Busan in order to secure business funds. However, in addition to the above borrowed amount, the Defendant tried to establish D Co., Ltd., an apartment implementing company, which was the apartment implementing company, and to implement the implementation project by constructing and selling the apartment on the site of 12 lots of land in Busan Metropolitan City, Seo-gu, Do.

However, on February 25, 201, the Defendant: (a) established a mortgage on the above site on February 25, 201 due to the lack of the above purchase price; and (b) loaned KRW 1 billion to H as the obligor from the Ulsan National Agricultural Cooperative; and (c) decided to repay the principal and interest to H; (b) however, the Defendant was unable to pay the said interest payment due to the absence of income or property at all at the time and the excess of liability; and (c) thus, the Defendant did not have the ability to normally

As a result, even if the Defendant borrowed money from a third party but did not have the ability to repay it, the Defendant had the intention to pay for the business fund by lending money from the victim I (the 51-year old), and on February 1, 2011, the Defendant, at the above D office, called the victim I to the victim I, and on January 19, 201, lent KRW 22,140,50,000, which was deposited in the same securities account in the name of the Defendant’s wife E for investment in futures options, would be repaid.

“In doing so, the said money deposited in the said account on February 7, 2011 by the victim was remitted from the victim.

The Defendant includes this.

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