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(영문) 광주지방법원 2014.05.21 2013고단4498
사기
Text

A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

Punishment of the crime

[2013 Highest 4498] The Defendant operated “D”, which is a distributor that supplies office supplies, etc. in Gwangju Mine-gu, and the fact was that the Defendant, as of November 201, did not intend to supply goods worth KRW 698 million to the company ELD, but did not have the ability to supply, and even if the Defendant received KRW 100 million from the victim E as investment title, it was thought to be used for the payment of its existing obligation, etc.

Nevertheless, the Defendant: (a) around November 201, at the Y G golf course, located in the YF in the YE, the Defendant supplied the victim E a gift of KRW 350 million in amount to the ELE that manufactures parts of the electronic electrical product in the e-mail; (b) KRW 100 million in money; (c) at that time, the Defendant paid 10-20% of the investment money as profits; and (d) paid the principal amount within two months; and (e) was transferred from the victim to the bank account in the H’s name used by the Defendant on January 14:30, 201.

[2013 Highest 5806] The Defendant operated E, a distributor that supplies office supplies, etc. in Gwangju Mine-gu, and the fact is that the Defendant had not reached approximately KRW 400 million at the time of April 201, and there was no intention or ability to pay the principal of the investment and the profits even if the Defendant received the investment from the victims even if he received the investment from the victims because it is difficult to use it as a credit card in the name of his family members.

Nevertheless, the Defendant, at around April 20, 201, made an investment in D in the victim J and the victim K in the domicile of the victimJ located in Yong-gun, Yong-gun, Yong-gun on April 20, 201, would make a profit equivalent to approximately 30% of the sales of approximately 1/3 out of the net profit after three months. If there is no benefit to the extent that the profit would not be paid, it would soon be said that there would be no profit.

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