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(영문) 서울북부지방법원 2016.09.28 2015고단4611
사기
Text

A defendant shall be punished by imprisonment for one year.

2.1,000 won out of the costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

"Cases of 2015 Highest 4611"

1. The injured party D is a person who operated F Co., Ltd., a trading company in Pyeongtaek-si E in Chungcheongbuk-si.

The Defendant around September 12, 2014, at the H office operated by the victim D, located in Bupyeong-gu, Incheon Metropolitan City G Building 703, the Defendant loaned KRW 50 million to the victim, “In order to import the freezing in China, it is necessary to obtain the L/C, and the present limit is a difference between the credit limit of KRW 100 million and the credit limit of the above credit limit of KRW 50,000,000,000,000,000,000,000, including interest of KRW 500,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000).

The phrase “ makes a false statement.”

However, at the time, the Defendant was merely liable for a debt of 3.3 billion won or more but did not have any particular property. On July 2014, 2014, the Defendant had already been unable to repay the debt since December 20, 2014, and the Defendant filed a petition for bankruptcy on or around March 10, 2015. In fact, the Defendant merely thought that the Defendant intended to preferentially import the freezing red scrap, other than the said credit, which is the products that were different from the said credit, and thus, the Defendant did not have any intent or ability to repay the debt by October 15, 2014, as the repayment plan was decided by the victim, even if the Defendant borrowed the money from the damaged person.

The Defendant deceivings the victim as above and acquired money of KRW 50 million from the victim to the Agricultural Cooperative Account in the above F on the same day as the loan money from the victim.

[2016 Highest 25] Cases

2. The victim I is a person who operates the F or J for the purpose of freezing the processed food.

The defendant operates the above company around January 25, 2012.

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