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(영문) 창원지방법원 2017.03.29 2017고단112
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in the production of electric wild animals compost in the name of 'C' in Gyeongnam-dong, Hanam-dong.

person is a person.

1. On December 13, 2010, the Defendant concluded that “A” office at the above “C” office that reads to the victim D that “I will repay 20 million won after the three-month period and divide the profits therefrom if I lend 20 million won to the Government subsidy business because it is good that the electric wild animal eradication business has been completed as a government subsidy business.”

However, at the time, the Defendant had an excessive obligation, such as having a debt equivalent to KRW 90 million, and even if the Defendant borrowed money from the damaged party due to the shortage of operating funds, the Defendant did not have an intent or ability to normally repay within the agreed time limit.

Nevertheless, on December 20, 2010, the defendant deceivings the victim as above and transferred 20 million won to the Agricultural Cooperative Account in the name of the defendant on December 20, 2010.

2. On March 2011, the Defendant made a false statement to the victim E, stating, “If 100 million won is invested in the electric wild animal eradication project in Korea, half of the profits shall be distributed, and the investment amount of 100 million won shall be returned by the end of May 201.”

However, the Defendant had an excessive amount of debt to pay for the loan amounting to KRW 90 million, and even if the Defendant received the said money from the damaged party due to the shortage of operating funds, even though it is unclear whether the said money was created due to the shortage of operating funds, there was no intention or ability to pay the principal of the investment within the time limit or promise to pay the said money.

Nevertheless, on March 23, 2011, the defendant deceivings the victim as above and was remitted to the Agricultural Cooperative account in the name of the victim that the defendant opened to use for the above business on March 23, 2011.

As above, the Defendant received a total of KRW 120 million from two victims and acquired the money.

Summary of Evidence

1. The defendant's person;

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