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(영문) 광주지방법원 2018.07.26 2015고단2041
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, each fraud against the victim B and C shall be acquitted.

Reasons

Punishment of the crime

The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”) established on March 30, 2012 for the purpose of coffee-related franchise business, etc.

1. The Defendant, around October 201, proposed to the effect that he/she would help the victim E to engage in a domestic franchise business (hereinafter “instant coffee business”) with respect to the Italian coffee brand at the G broadcasting station located in Jongno-gu Seoul Metropolitan Government, Seoul around October 201, and then borrowed KRW 12 million from the victim from November 201 to December 201 of the same year as business funds.

In the early January 2012, the Defendant was insufficient business funds to establish a company and try to operate the instant coffee business with the victim “in the vicinity of G Broadcasting Station.”

The phrase “a total of the money previously lent to lend KRW 100 million” was false.

However, even if the defendant received money from the injured party, he thought that he will use the money to repay the borrowed money or pay living expenses of the defendant, and he did not intend to use it for the above business.

Around January 4, 2012, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; (c) by deceiving the victim; (d) by deceiving the victim to the J account in the name of the Defendant’s wife I with KRW 8 million; (d) KRW 20 million with the K account in the name of the Defendant on February 17, 2012; and (e) KRW 60 million with the said K account on March 6, 2012; and (e) deceiving the Defendant by deceiving each of the total amount of KRW 88 million with the said K account on March 6, 2012 (in the facts charged,

2. On July 24, 2012 to September 7, 2012, the Defendant received a total of KRW 29,479,000 from the victim B and C from the victim B and the victim C to pay KRW 300,000 to the victims by November 1, 2012, the Defendant prepared a fair certificate of intent to pay KRW 300,000,000 to the victims by December 30, 2012 at the law firm M& office located in Gwangju-gu L, Gwangju, but up to that date.

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