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(영문) 서울동부지방법원 2017.08.10 2016고단4478
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to one year and two months of imprisonment with prison labor for fraud, etc. at the means of flooding, and the judgment became final and conclusive on May 10, 2016.

The Defendant was the representative director of C Co., Ltd. established for the purpose of publishing and printing child books.

1. On May 3, 2011, the Defendant offered, as security, a promissory note of KRW 100 million at the face value of C, a stock company, with the victim’s loan of KRW 88 million to the victim’s F office located in Songpa-gu Seoul Metropolitan Government D shop 102, and repaid until October 31, 201.

“.....”

However, in fact, at the time, the Defendant borrowed a loan from a bank, etc. in the amount equivalent to 1.5 billion won, the Defendant had been liable for the debt amounting to 3.5 billion won. The Defendant and the wife had already been established for the purpose of securing a reasonable amount of the above debt, and the sale procedure had not been run properly. Moreover, the Defendant had no particular property, and C’s financial standing of the issuer of the bill was not adequate. Thus, even if the Defendant borrowed money from the damaged party, there was no intention or ability to repay the debt amount at the time.

Nevertheless, the Defendant, by deceiving the victim as such, received 88 million won from the victim under the name of the same day as the borrowed money.

2. On September 2, 2011, the Defendant offered to the victim a promissory note with a face value of KRW 100,000,000 issued by C as collateral if it additionally lends KRW 88,00 to the victim at the above place, and repaid until February 29, 2012.

“.....”

However, even if the defendant borrowed money from the damaged person as provided in Paragraph 1, the defendant did not have any intention or ability to repay the money at the time.

Nevertheless, the Defendant, by deceiving the victim as such, received 88 million won from the victim under the name of the same day as the borrowed money.

3. The Defendant, around October 5, 201, at the same place as above, “80 millions” to the victim.

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