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(영문) 창원지방법원 2016.12.15 2015고단3486
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2015 Highest 3486" Defendant operated the (ju)C producing motor vehicle parts at the window B of Changwon-si from June 20, 1998 to August 16, 2012.

1. On August 2010, the Defendant made a false statement to the victim D, who requested the discount of a bill at the office of the first week (hereinafter referred to as the “PS”) on August 1, 2010, stating that “I will complete payment between KRW 11 million if I lend the discount of a bill on behalf of the party, from among the discount of a bill.”

However, in fact, the Defendant had a debt of about 70 million won due to the shortage of operating expenses of the CC and the receipt and operation of loans from the lending company, and the monthly payment by the employees of the CF failed to pay the monthly payment, and even if he borrowed money from the victim, there was no intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 11 million from the victim as the borrowed money in the middle of August 2010, and acquired it by deception.

2. From the end of August 2010, the Defendant made a false statement to the victim, stating that “I will pay 1.3 million won, prior to a prompt loan, if I lend 1.3 million won to the victim any more, then I will pay her full payment with the 1.1 million won.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed money from the victim due to the situation like Paragraph 1.

Nevertheless, the Defendant deceivings the victim as above and acquired 1.3 million won from the victim as the loan borrowed around August 2010.

3. On March 22, 2012, the Defendant: (a) around the Busan District Court near the Busan District Court, the Defendant: (b) failed to pay the Plaintiff the money borrowed from the Plaintiff to E; and (c) attempted to sell the withdrawal machines in the factory of this State to E; and (d) tried to prevent the auction, the Defendant’s collateral is required against E with respect to the party’s factory.

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