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(영문) 대전지방법원 홍성지원 2017.10.24 2017고단240
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant was an actual operator of C, a company engaged in environment-friendly agro-fishery material development business, etc., and the sum of the outstanding amounts paid from around January 1, 2013 to around 191.4 million won at the time of July 2014, and the possibility of recovery of the outstanding amounts is uncertain, and the Defendant entered into a joint business with the victim’s money for removal of drinking malodor, which was most difficult to operate, on the ground that the Defendant did not receive repayment of KRW 146 million from around August 2008 to June 2009, lent to D around 146 million from around November 201, 200, and the Defendant did not receive reimbursement of KRW 10 million from the above company’s employees. As a result, the payment of wages to the employees of the above company was delayed and the operating expenses was insufficient, and the contract was concluded with China, which was the most difficult type of joint business with the victim’s money for removal of drinking malodor.

A. As a result of the crime committed on July 24, 2014, the Defendant is required to pay funds to the victim in the first office for the operation of the victim in Hongsung-gun F G School H located in Hongsung-gun on July 24, 2014.

If a contract is concluded and a profit is made, it will be repaid to the money.

Only 10 million won shall be lent and repaid until August 20, 2014.

“A false representation was made.”

However, even if the Defendant borrowed money from the injured party, he/she thought that he/she would use the money for the payment of overdue wages to the employees of the above company, not for a joint business fund with China, and had no intention or ability to repay the borrowed money to the injured party until August 20, 2014, which was promised.

As above, the defendant deceivings the victim and transferred KRW 10 million to the bank account (Account Number: K) opened in the name of his/her father's father on the same day from the victim.

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