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(영문) 인천지방법원 2015.03.27 2014고단6353
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, together with C, was in the company E located in the Southern-gu Incheon Metropolitan City D2 floor from around December 2006, and C was in charge of developing and selling industrial complexes, such as the purchase of factory sites and the invitation of occupants, and the Defendant was in charge of raising the operational expenses of E, while carrying out the F-related implementation project. However, there was no sufficient financial situation at the time of the operation of the office. The Defendant was unable to invite one occupant until April 18, 2008, when borrowing money from the victim G, and entered into only one plan for purchasing land with the owner of the factory site at the time of permanent residence and on December 11, 2008, with the understanding of the Investment Agreement (MOU), and there was no one plan for purchasing land with the owner of the factory site, and even if the Defendant borrowed money from the victim to use the money from the victim, such as repayment of the Defendant’s personal debt, stock investment, etc., the Defendant did not have any intent or ability to use it as the fund for the F business.

Nevertheless, the Defendant, in the Yeonsu-gu Incheon Metropolitan City H Apartment Complex 1 Complex on April 18, 2008, made a false statement to the victim on the pretext of the company operation fund, “it shall not exceed 30 million won. It shall not exceed one month.” On the same day, the Defendant shall receive from the victim a remittance of KRW 30 million from the account in the name of the Defendant to the account in the name of the Defendant, and shall continue to return money to the victim on June 2008, “if it is necessary to pay money one year, it shall be returned in two times the principal amount after one year.” From around November 28, 2008 to around August 28, 2008, the Defendant shall make a false statement to the victim on the pretext of the company operation fund by taking over KRW 20 million from the account in the name of C around November 28, 2008 to the total amount of funds from the victim from around 300 million to August 28, 2008.

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