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(영문) 창원지방법원 2014.02.19 2013고단2377
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 14, 2011, the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for crimes such as violation of the Commercial Act at the Changwon District Court on September 1, 201.

The Defendant operated D Co., Ltd. from March 10, 2009 to November 201, 201.

On June 24, 2010, the Defendant made a false statement to the effect that “The Defendant, at the G Co., Ltd. office operated by the victim F in Kimhae-si, there is KRW 500 million in the balance of the factory site and the purchase of buildings to be paid to H Co., Ltd. in D, and the payment of joint and several sureties would be 500 million in the joint and several sureties. If an application for a business start-up subsidy to be provided by the Small and Medium Enterprises Promotion Office is filed, it would be able to receive 700 million

However, in fact, the Defendant was only a vague expectation of the subsidization for start-up business, and there was no conviction as to whether to pay the subsidy. In particular, in relation to the application requirements, the “factory site purchase cost” is excluded from the payment of the subsidy for start-up business. Moreover, even if the Defendant’s debt owed by the Defendant reaches approximately KRW 8.5 billion and the Defendant paid the remainder of the factory site to H corporation, the Defendant did not have the intent or ability to pay it.

Around February 10, 2011, the Defendant enticed the victim, and caused the victim to stand a joint and several surety for the remainder payment obligation of KRW 500 million against H Co., Ltd. on the same day, thereby obtaining personal security, and subsequently, transferred KRW 350 million to the account in the name of the above H as a result of the performance of joint and several surety obligation.

Summary of Evidence

1. Each legal statement of witness F and I;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement of obligation performance assurance;

1. Previous convictions in judgment: Inquiry and inquiry, and judgment on issues

1. According to the records on the existence of causation, the victim is a victim, as alleged by the defendant and his defense counsel.

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