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(영문) 대전지방법원 2019.09.19 2019고단1098
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On October 27, 2009, the Defendant sent the machinery to China and received money again if the machinery was prepared and the cost of KRW 20 million is only KRW 20 million.0 million. On October 27, 2009, at the office of Seo-gu Daejeon, the Defendant stated that “In Korea, to operate a ginseng beverage manufacturing factory in China and bring the cans to China, the amount of KRW 4.5 billion was deposited from China to the head of the foreign exchange bank in China.” However, the Defendant again returned to China. At now, the Defendant made a false statement that “I will use the ginseng beverage manufacturing factory in China only for 10 days and return it if I would return to China.”

However, in fact, there was no fact that the defendant deposited KRW 4.5 billion in the passbook in China, and there was no fact that the defendant made a machine. At the time, the defendant did not have any particular property, and the defendant did not generate any profit at the preparation stage of the factory establishment, and rather, he did not pay the wages of the employees. However, even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant received a total of KRW 20,000,000 from the victim for the same day as the loan money.

Accordingly, the defendant was given property by deceiving the victim.

On October 2009, the Defendant deposited KRW 4.5 billion in China to the F Bank passbook in order to operate a ginseng beverage manufacturing plant in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, in order to bring the cans to China, the Defendant deposited KRW 4.5 billion in China, among which one billion can be utilized in Korea.

In order to enter into an agreement with the complainant of the accused case, the complainant will change the amount of three million won.

B. Along with the loan of 3 million won to B, the victim of the party is allowed to reach an agreement or to pay back to the full bench.

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