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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단749
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who operates a pet animal feed and import and distribution business under the trade name called "D" corporation located in Ilyang-gu, Busan Metropolitan City C.

1. Around May 6, 2011, the Defendant against the victim E made a false statement to the victim E that “When importing and selling pet feed and pet animal products in the United States, 50-60% profit shall accrue. If the cost of importing pet feed, etc. is required and the cost of importing pet feed, etc. is leased KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, at the time, the Defendant had the obligation to pay KRW 36.5 million to F, the credit card loans of KRW 20 million to the Credit Guarantee Fund, KRW 4 million to Hyundai Capital, and KRW 13 million to cash services. Since from December 2010, the Defendant had continued to prevent the repayment of the obligation by using cash services, etc. due to the continued failure to operate the Company D from using cash services, etc., the Defendant intended to lend the above money from the victim to pay the above F, and thus, even if he borrowed the above money from the victim, there was no intention or ability to pay the above money to the victim after importing and selling the check feed.

The Defendant received 48 million won as a loan, excluding a prior interest of 2 million won in the bank account in the name of the Defendant from the victim. On July 8, 2011, the Defendant received 34,100,000 won under the same name as the loan, and received 33,3950,000 won under the same name on February 7, 2012, and received 7,650,000 won under the same name on December 28, 2012.

Accordingly, the defendant was given a total of KRW 123.7 million by deceiving the victim.

2. Fraud against the victim H.

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