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(영문) 수원지방법원 성남지원 2017.09.21 2017고단1089
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2014, the Defendant was sentenced to a suspended sentence of two-year imprisonment with labor at the Seoul Southern District Court for fraud, etc. on April 18, 2014, and the said judgment was finalized on April 18, 2014. On November 20, 2014, the said judgment was finalized on November 28, 2014 after being sentenced to a suspended sentence of one year to six-month imprisonment with labor for fraud, and was the representative director of C of a stock company.

1. On March 21, 2012, the Defendant, within the office of the said Co., Ltd., Ltd., (hereinafter referred to as the “C”) around March 21, 2012, would offer a lot of profits from lending money to the Defendant, as the Defendant had a lot of profits from collection of non-performing loans due

In addition, the principal will be repaid until March 20, 2013.

“The purpose of “ was to make a false statement.”

However, the Defendant, while operating the Co., Ltd., operated the Company C, operated the Company in such a manner that the rate of recovery of non-performing loans is extremely low and that there is no professional organization, personnel, or technology to recover the claims, and the Defendant did not have any intention or ability to repay the funds received by the Defendant due to the lack of the intent or ability to collect the claims even if the Defendant received the funds from the victim, due to the fact that the Defendant managed the Company in such a way as to prevent the return of the profits and the principal of the investment funds from senior investors.

Defendant deceiving the victim as above, and the victim was defraudeded by the victim on March 21, 2012 after receiving KRW 20 million from the victim on March 21, 2012 as investment money.

2. On April 18, 2012, the Defendant, at the office of the said Co., Ltd., Ltd. (C) around April 18, 2012, (i) borrowed money to the victim E in return for the collection of non-performing loans to the company with considerable profits.

In addition, the principal will be repaid until April 20, 2013.

“The purpose of “ was to make a false statement.”

However, the defendant, while operating the corporation C, has a very low rate of recovery of non-performing loans and has no professional organization, personnel, and technology to recover claims.

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