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(영문) 광주지방법원 장흥지원 2015.02.05 2013고단232
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

From June 2008, the Defendants, at the E office operated by Defendant B in Ischeon-si, had the victim F provided the Defendant’s real estate as collateral and received money in installments.

Defendant

A around July 17, 2008, at the above E office, the victim F loaned KRW 300 million to the victim F, with the interest of KRW 30 million per month. In addition, the factory in E-Si, E-si, the market price of which is sufficient to be secured at KRW 24-2.5 billion, and the apartment house in Songpa-gu, Seoul, Seoul, 102-dong, 2003, which is owned by B, will be set up as a collateral.

However, in fact, from October 206 at the time of borrowing KRW 2.2 billion with borrowings, Defendant B’s financial failure was caused by an unreasonable investment in the process of constructing a new factory by significantly increasing the sales cost of the new facility prior to the occurrence of the sales by using the new facility. Since the financial situation is not good, Defendant A’s management at a discount of a loan bill issued by H, which is used as business funds, was liable to pay KRW 330 million due to H’s default on July 17, 2008. The real estate offered as security to the victim was already set, and thus, the real estate had no intention or ability to pay the borrowed money from the victim.

From July 28, 2008, the Defendants received from the victim about KRW 26,750,000 after deducting KRW 30,000,000 from KRW 300,000,000 from KRW 300,000,000,000,000 from KRW 2.2,255,000,000,000,000 from Defendant B, and received KRW 117,50,000 from Defendant B’s wife M on the same day.

Accordingly, the Defendants are the defendants.

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