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(영문) 울산지방법원 2016.08.09 2015고단85
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around December 22, 2012, the Defendant stated that “Around Ulsan-gun, U.S., U.S., Defendant 2015, U.S. 85,” made a false statement to the effect that “A corporation operated by the Defendant in U.S., U.S., U.S. D would have borrowed KRW 100 million as a collateral for the factory and site of the said corporation within two months from the loan of KRW 100 million.”

However, on October 14, 2009, the Defendant was awarded a successful bid for the factory and site of the said corporation in the name of G, and was granted a loan of KRW 450 million from the Busan Bank on the same day, and was established a mortgage equivalent to KRW 552 million with respect to the factory and site of the said corporation as a debt, and was additionally granted a loan of KRW 50 million from the Busan Bank on October 22, 2012, the Defendant could not obtain an additional loan as security for the factory and site of the said corporation by establishing a mortgage equivalent to KRW 60 million with the maximum amount of the debt as a debt.

In addition, at the time of Busan Bank, the Defendant was liable for the total amount of KRW 510 million,00,000,000 for principal and interest, and even if the operation of the said corporation was followed and it was difficult to purchase raw materials, there was no intention or ability to repay the money from the injured party.

Nevertheless, the defendant deceivings the victim as above, and he acquired it by receiving KRW 100 million from the victim on December 24, 2012.

The Defendant, on September 4, 2013, at the victim I's house located in Ulsan-gun, Ulsan-gun, Seoul-do around September 4, 2013, “The Fund for the Operation of the Company shall be repaid to the Defendant within one year from the loan of KRW 100 million to the victim.

In the event that there is no interest to pay 1 million won interest in one month, the notice of the transfer of the claim may be received immediately if it is submitted to the J which is the business partner.

“The phrase “ was false.”

However, in fact, the defendant had only a claim of approximately KRW 59 million at the time of the above J, and did not have obtained consent to the transfer of claim to the said J.

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