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(영문) 수원지방법원 2012.12.21 2012고단3047
사기
Text

Defendant

A Imprisonment for six months, Defendant B and C shall be punished by imprisonment for four months, and each other.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

Defendant

A, the representative director of E, the vice-chairperson of the above corporation, and the defendant A and B requested the defendant C to borrow money due to the shortage of operating funds of the above corporation, and the defendant C borrowed money from the victim F who is his own seat.

Defendant

C around the end of November 2010, the victim in Gangdong-gu Seoul Metropolitan Government is the office of the H High School, a secretariat, “A and E, a corporation operating by B, is carrying oil in Russia and transporting marine transportation, and is also engaged in trade with China. B The vice president is the source of the Bank, and A is the head of the Gun, and all shareholders of this company are the companies with the mony, and are members of the military, and is able to believe that they are all members of the company, and if they lend money, they will pay without money until the end of December 2010.” In order to have the victim believe, he also became the debtor of the above loan obligation.

However, Defendant A had no property owned by the bad credit holder, while Defendant A had no property owned by it, 35 million won as employees’ wage liability, 40 million won as corporate tax, and 56 million won as corporate tax. Defendant B had no property owned by the bad credit holder. Defendant A and B had no intent or ability to repay the borrowed amount until the due date. Defendant C had no property owned by the bad credit holder, and Defendant C had no intent or ability to repay the borrowed amount under the circumstances where the borrowed amount was urgently required under the circumstances where the debt was fully repaid.

Nevertheless, the Defendants, from the victim, to the account in the name of the said stock company, 70 million won around December 3, 2010, and the same month.

7. Each remittance of KRW 20 million and the total amount of KRW 90 million was acquired by deception.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officer on F;

1. Application of each of the Acts and subordinate statutes in the certificate of borrowing money and the statement of passbook transactions.

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