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(영문) 대전지방법원 2020.09.10 2020고단377
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The defendant is a person who actually runs the (State)B (StateC) (StateC) and the (State E)D (State E prior to the change) that is a distribution company for health functional foods.

On January 3, 2016, the Defendant stated that “Around January 2016, 2016, the Defendant intended to enforce the U.S. LAJ’s U.S. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.

However, even if the Defendant received the above money as a bad credit holder, he was planning to repay most personal debts or use them as purchase price of the above (D) functional health foods, and it was impossible to secure a large amount of additional funds necessary for the construction of the hotel due to the lack of other revenues or assets, and it was impossible to construct the hotel and complete the construction of the hotel, and there was no intention or ability to pay the principal and profits as agreed

Nevertheless, the Defendant made a false statement to the victim and received KRW 100 million from the victim’s account in the name of the StateB, including KRW 45 million on January 28, 2016, KRW 5 million on February 4, 2016, KRW 500 million on February 4, 2016, and KRW 50 million on February 25, 2016.

2. On May 2016, the Defendant said that “If the Defendant borrowed KRW 20 million from the said victim’s office in the (ju) D office located in the said F building G, the Defendant would pay interest of KRW 1 million per month to the said victim and complete payment three months later.”

However, in fact, the defendant was unable to proceed with the above unmanned hotel business due to the lack of funds, and even if he borrowed the above money from the victim, such as not paying particular profits from the sale of functional health foods, he will pay it later than three months.

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