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(영문) 대구지방법원 2016.03.11 2015고합573
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant worked in C from December 1, 1969 to January 31, 201, while serving in C, from around 1997 to around 31, 201, was the vice president of C from around 1997. Since around 2008, the Defendant was a person who lent bonds to intermediate wholesalers and sold stocks to the intermediary.

around October 27, 2010, the Defendant “2015 Gohap 573, the Defendant is currently engaged in trade business that is currently another business and requires 2.8 billion won of the business fund.

Among them, 500 million won will be repaid after one month from the loan of the money in short of 500 million won.

The phrase “ makes a false statement.”

However, in fact, the defendant did not engage in trade business and did not use the money borrowed from the damaged person as business fund, but did not want to use it for the victim's personal debt repayment, etc., and even if he borrowed the money from the damaged person, he did not have any intention or ability to pay it normally within the agreed period, since the debt already exceeds one billion won.

The defendant deceivings the victim as above and received KRW 500,000 from the victim to receive KRW 500,000 on the same day.

"2015 Gohap 583"

1. On November 2010, the Defendant called the Victim F at the Defendant’s office located on the fifth fifth floor located in Jung-gu, Daegu E, Daegu, to the Defendant’s office, and called the Victim F.

It is mainly used for panty trial supplies and goods, and it is difficult for a person who is well aware of the fund to live less than half of the market price because it is difficult for him to do so, and it is a funeral service if only the amount of the fund is available.

If 200 million won is invested, 240 million won shall be paid up to December 7, 2010.

“.......”

However, in fact, the defendant has a debt amounting to one billion won at the time, and the interest amounting to 30 million won has not been fully paid, and even if he has received an investment from the injured party, he did not have an intention or ability to pay the profit normally within the agreed period.

Accordingly, the defendant deceivings the victim and belongs to it.

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