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(영문) 전주지방법원 남원지원 2019.11.26 2019고단158
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant was the representative director of the ginseng processing company B (hereinafter “Defendant Company”) called the Defendant Company B (hereinafter “Defendant Company”) and was known through the gathering of “E” composed of D merchants from the Victim C.

1. Around August 20, 2013, the Defendant stated that “A victim C’s office located in Chungcheongnam-gun F, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, would lend 50 million won as a company day to the victim, who would be repaid the amount ( September 19, 2013).”

However, in fact, the Defendant’s debt owed to loan institutions, such as G, H, and I, at the time due to sudden difficulties in economic situation before and after the establishment of the red ginseng factory in 2012, went to KRW 993,651,698. From November 2012, the Defendant began to pay pension premiums, such as pension insurance and employment insurance. The written indictment stated “ around June 2012” in the written indictment around June 2013, but it appears to be “ around June 2013.”

Since the defendant company was unable to pay wages to the employees of the defendant company, even if the victim borrowed money, there was no intention or ability to pay the money within the agreed period.

Nevertheless, the Defendant received 50 million won from the victim to the J bank account under the name of the Defendant and acquired it by fraud.

2. Around August 23, 2013, the Defendant stated, “Around August 23, 2013, the Defendant: (a) supplied red ginseng products preferentially to the victim at the place specified in paragraph (1) at the place; and (b) that “The Defendant will make them in cash by October 16, 2013 on the face of liquor.”

However, in fact, the Defendant’s debt owed to loan institutions, such as G, H, and I, at the time due to sudden difficulties in economic situation before and after the establishment of the red ginseng factory in 2012, went to KRW 993,651,698. From November 2012, the Defendant began to pay pension premiums, such as pension insurance and employment insurance. The written indictment stated “ around June 2012” in the written indictment around June 2013, but it appears to be “ around June 2013.”

From now to the employees of the defendant company.

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