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(영문) 서울북부지방법원 2019.06.05 2018고단704
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates a stock company B.

The Defendant, on November 2014, lent KRW 100 million to the victim F through E, which operates food materials suppliers at the D offices located in Songpa-gu Seoul, Songpa-gu, Seoul and second floor D offices located in D offices, etc., the Defendant would acquire and transfer the right to operate the cafeteria at the construction site of the new apartment housing association of the Hanam Budget-gun, Chungcheongnam-gu, Seoul.

In addition, KRW 100 million will be paid at least three months at the latest.

The purpose was to make a false statement to the effect that "...."

However, at the time of fact, the Defendant was delinquent in paying the national taxes equivalent to KRW 200 million, and the said apartment sales agency business did not have certain income or property in the course of preparation of the business, and the Defendant did not have any other property, and the regional housing association did not have any specific income or property. Even if the regional housing association was established in the future, it could not be known whether the Defendant was given the right to select a restaurant operator at the regional housing association, so even if the local housing association borrowed money from the victim, the Defendant did not have the intent or ability to pay KRW 100 million to the victim within three months as agreed upon, and the victim did not have the intent or ability to grant the right to operate

The Defendant, by deceiving the victim as such, transferred KRW 10 million to the Agricultural Cooperative Account under the name of the Defendant on December 1, 2014, through the said E, from the victim, to the Agricultural Cooperative Account under the name of the Defendant on December 2, 2014, and KRW 80 million on December 10, 2014, and KRW 6 million to the Agricultural Cooperative Account under the name of the Defendant on December 10, 2014, respectively, and acquired KRW 4 million from the victim by receiving KRW 4 million in cash around that time.

Summary of Evidence

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

1. The police statement concerning F;

1. A complaint filed by the F and E;

1. The bareboat Operating Agreement, the remittance details, the contracts for the transfer and takeover of the business of the bareboat Operating Agreement, the specifications of deposit transactions, copies of bankbooks, investigation reports (credit information inquiry) and the statements of credit information inquiries;

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