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(영문) 대전지방법원 천안지원 2017.10.12 2017고단1274
사기
Text

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

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment that constitutes a single concurrent crime after Article 37 of the Criminal Code] On August 16, 2012, the defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud and a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) at the Daejeon District Court on August 16, 201, and the above

[Criminal facts]

1. Fraud against the victim C;

A. On December 27, 2011, the Defendant: (a) supplied 150 million won out of the loans 350,000,000 won to the E hotel coffee operator G operator located in Asia-gu, Seo-gu, Chungcheongnam-gu, Seocheon-gu, Seoul; and (b) provided 150,000,000 won out of the loans 350,000,000 won to the restaurant run by the Party; and (c) provided 15,000,000 won out of the loans that the Party wishes to borrow, the Defendant would offset the amount of the loan by the amount of the loan; and (d) received the remainder of the loan by January 15, 2012.

“.....”

However, at the time of fact, the defendant did not have the intention or ability to supply the loan, hearing, etc. even if he borrowed approximately KRW 150 million by demanding repayment of about KRW 250,000,000 for other fraudulent cases.

The Defendant, as above, by deceiving the victim, received KRW 150 million from the victim, as the price for the acquisition of Maart on December 29, 201, from the victim, and acquired it through the Defendant’s ary’s account or H’s ary account.

B. On January 16, 2012, the Defendant would arrange for a loan to the victim C at the place specified in Paragraph 1, 2012, “The Defendant would arrange for a loan of KRW 150 million to an individual with funds necessary to take over the J in Boan City I.

If a loan is made, Mart operating expenses are required to be loaned KRW 50 million. If a loan is made, it would be sold free of charge to a restaurant operated by the party, and would offset the loan by offsetting the loan and pay the remainder at a prompt date.

However, at the time of fact, the defendant borrowed approximately KRW 50 million, such as being urged to pay approximately KRW 250 million in other fraudulent cases.

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