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(영문) 창원지방법원 2013.12.11 2013고단867
사기
Text

Defendant

A shall be punished by imprisonment with prison labor of ten months, and by a fine of five million won, respectively.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

On June 17, 2011, A was sentenced to six months of imprisonment for fraud at the Changwon District Court and one year of suspended execution on June 25, 201.

Defendant

A is the representative director of F Co., Ltd. established for the purpose of building business in the 7th floor of Kimhae-si, and Defendant B is the director of F Co., Ltd. as Defendant A’s son.

When Defendant B needs to pay money in the repayment of loans, etc., the Defendants conspired to deceiving the victim as if he/she had repaid money to Defendant A as a business fund to obtain money in the name of the borrowed money if he/she lent money to Defendant A as the business fund.

Defendant

A on August 13, 2007, at the F Office of F Co., Ltd., Ltd., Ltd., “I will lend KRW 100 million with business funds to the victim, and will allow the victim to use golf club membership in the name of ASEAN, and during that period, I will pay back one year after the loan.” Under the permission of Defendant B, “I shall keep daily KRW 00,000,000 in full, but shall be kept as H membership loans. On August 13, 2007 to August 13, 2008, the lending date shall be determined as H membership loans. If you sell membership rights, I may cancel at any time by preparing a cash storage certificate to the effect that “B” is a cash custodian, and as soon as I paid the above money on the date of repayment.”

(2) The Defendants, as stated in the indictment, failed to file a written indictment and the written indictment, are different from those of the prosecutor’s revised facts charged and cash storage certificate, and they do not affect the guarantee of the Defendants’ right to defense. However, the Defendants did not intend to use the above money as business funds, but did not think that they would use it as business funds. The Defendant’s management of the Defendants reported considerable losses due to business depression since 2007, and a large portion of the company’s assets accounts for construction accounts, etc.

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