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(영문) 광주지방법원 순천지원 2015.01.07 2014고단1006
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 2011, the Defendant, as the representative director of the company (ju), was the Defendant, at around KRW 260 million, with a loan extended to the Korea Credit Guarantee Fund. In addition to KRW 260,000,000, KRW 40,000,000 and KRW 30,400,000,000, the personal card and KRW 3 or400,000,000 were the bad credit due to the Defendant’s debt, and even if the said company’s income continuously decreased, the Defendant did not have any intent or ability to normally repay the loan to any other person.

1. On May 201, the Defendant made a false statement to the victim D, etc., the Defendant, through F, an employee, at the office of the (State) Dongyang-si Office in Ma on the early 201, that “When the Defendant transported iron and other articles from the Jeonyangyang to the Gyeongbuk-si Port, he would make payment after receiving transportation payment from the customer at the end of 45 days after the end of each month.”

However, as the defendant was economically difficult at the time, it was thought that it was used as operating expenses of the (State)C even if it was paid by the customer, and there was no intention or ability to pay the cost normally to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim carry out transportation from May 201 to July 201, 201, and did not pay a total of KRW 11,900,000 to the victim, thereby acquiring economic benefits equivalent to the same amount.

From this point to November 201, the Defendant: (a) by deceiving the victims on a total of four occasions as indicated in the list of crimes (1) in attached Form 201; and (b) did not pay a total of KRW 33,627,952; and (c) did not obtain financial benefits equivalent to the same amount.

2. On December 21, 2012, the Defendant against the victim G is limited to KRW 5 million as business funds are urgently required at the victim G at the I company office located in Gwangju-si H on December 21, 201.

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