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(영문) 광주지방법원 2018.10.11 2017고단3818
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the absence of funds, the Defendant was running a stock company B with a large amount of debt, and used money from others as operating funds of the said company, and not only the liability of the said company was the actual situation to prevent the return of personal debts, but also there was no particular property or income, so even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.

"2017 Highest 3818"

1. On April 30, 2012, the criminal defendant against the victim C calls the victim C to use the phone to lend money to the victim “I would like to give two to three to three copies of the interest on the principal and principal in one month if I would like to lend the money due to the shortage of investment in doing a heavy tea sales business.”

“Falsely speaking to the purport that it was “accomponed,” the defrauded received KRW 1,550,000 on the same day from the victimized person to the bank account under the name of the Defendant, as well as [Attachment 2] 367,350,000 in total from September 30, 2013, such as the list of crimes.

"2017 Highest 3880"

2. On October 201, the Defendant against the victim E calls the victim E at a place where it is impossible to identify a place where it is possible to identify the victim’s location, and “I wish to use the purchase fund for a used vehicle with the wife in Korea as a used vehicle for three days, and pay the principal and interest.”

“Along on October 20, 201, from the victim’s deposit account in the name of the Defendant, the victim was transferred KRW 10 million from around October 20, 201 to the bank account in the name of the Defendant, as well as from around that time to January 25, 201 [Attachment 1] to 16 times in total, such as in the list of crimes.

3. On June 1, 2013, the Defendant against the victim F is not able to make investments in the Victim F in the Victim F office operated by the Defendant located in Gwangju Seo-gu.

I shall pay the principal and interest in one month if I lend the money to be used to the extent that it is necessary.

“A false representation shall be made.”

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