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(영문) 서울서부지방법원 2016.06.09 2015고단2831
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On December 30, 2007, the Defendant made a false statement on the charge that “A Co., Ltd. D (hereinafter “D”) or Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”)’s office located in Gyeyang-gu, Young-gu (hereinafter “Defendant Co., Ltd.”) would have to pay for KRW 25 million (hereinafter “victim”) borrowed from the victim E (hereinafter “victim”) on October 23, 2006, with the maturity of KRW 1,000,000,000,000,000.”

However, in fact, the Defendant was at least KRW 200 million, and it was difficult for the Defendant to pay the interest, and even if the repayment deadline is delayed due to the failure to pay the loan, the Defendant did not have the ability to pay the loan on the date of promise.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the pecuniary benefits of one-year grace period; and (c) obtained the pecuniary benefits of 25 million won from April 20, 2010 to September 10, 2012 from around April 20, 2010 to through September 20, 2012, by deceiving the victim as in the attached crime list; and (d) obtained the remittance of KRW 67 million under the name of the borrowed money for a total of seven occasions, by deceiving the victim as in the attached crime list.

2. According to the records of this case, the following facts are recognized.

A. The victim was working in a position of director at the “F” company operated by the Defendant as a personal business entity, and the Defendant established the “F” D around October 2007, and was employed by the head of the design office, etc. at the request of the Defendant for joining the said company from December 1, 2007 to January 30, 2014.

B. On December 30, 2007, the Defendant borrowed money from the victim on October 23, 2006 from the victim around December 30, 2007.

The repayment period for KRW 25 million has been postponed for one year, and some of the monthly interest have been paid to the victims for about two years.

(c)

The Defendant, as indicated in the list of crimes committed in the instant facts charged (hereinafter “the details of the instant loan”), from around April 2010 to around December 2012.

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