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(영문) 수원지방법원 성남지원 2015.01.06 2014고단1411
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 13, 2009, the Defendant stated that “On July 13, 2009, the Defendant would pay the victim C with interest added to the appropriate interest after the completion of the period, if the Defendant lent KRW 20 million to the Defendant, it is a company with a very promising business to be a venture-certified company. Our company is a company, and the amount of the company’s operating expenses falls short of the amount of the company’s operating expenses due to the high-quality of the installation of air conditioners for heating and cooling.”

However, the Defendant had a financial obligation of KRW 350 million at the time, and the Defendant was in need of KRW 22 million each month at the company’s operating expenses, and thus, the Defendant did not have any intent and ability to repay the debt in time, even if she borrowed money from the victim.

Nevertheless, the Defendant received 20 million won from the victim to the deposit account in the name of the Defendant.

2. Around August 23, 2011, the Defendant: (a) around August 23, 2011, the Defendant: (b) stated that “A victim C shall have the construction work ordered by the Acuate in a non-place; (c) materials cost need to be borne by the Acuate; and (d) there is a need for flight cost and KRW 10 million per head; (c) the Defendant would pay the amount of money in addition to appropriate interests after the completion

However, at the time, the Defendant had accumulated the above debt since around 2009, and since the shortage of the monthly operating fund, the Defendant did not have the intent and ability to repay the debt in time, even if he borrowed money from the victim.

Nevertheless, the Defendant received from the victim a delivery of KRW 10 million to the (ju) deposit account.

3. Around August 31, 2011, the Defendant stated that “A victim C shall have an additional KRW 10 million with respect to the construction project ordered by the Accuate in a non-fashion place” at a cost other than on August 31, 2011. After the completion of the construction project, the Defendant shall pay money in addition to the appropriate interest.”

However, even if the defendant borrowed money from the victim on the ground of Paragraph 2, the defendant did not have the intent and ability to repay it in time.

Nevertheless, it is not possible.

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