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(영문) 대전지방법원 서산지원 2020.03.18 2018고단1015
사기등
Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

The Defendant, as the actual operator of the Institute of Bankruptcy Co., Ltd., such as power distribution and automatic control in Jinjin-si, came to know E while engaging in the activities of the D Credit Union around 2012, and had been in line with E, G, H, etc. from October 2014.

1. Crimes against victims G;

A. Around June 24, 2014, the Defendant: (a) stated that “A victim G, who became aware of a mutual infinite and infinite fishing gear (hereinafter referred to as “C”) at a restaurant through E, would have any balance to purchase the C site; (b) if the Defendant borrowed KRW 110 million, the Defendant would receive a loan with real estate as collateral.”

However, in fact, the defendant provided the land of the LAB and borrowed KRW 2.2 billion to the IB, and it was not necessary to purchase the real estate because he had already acquired ownership from the above loan around June 16, 2014, and it was not necessary to purchase the real estate. As such, the real estate has already been established, it was not possible to receive the loan from the victim as security.

In addition, the defendant and the LAC bear the debt of several billion won in addition to the above IB loan, and the monthly financial cost reaches KRW 23 million, and the mechanical lease cost also reaches about KRW 40 million, but the total sales in 2014 are merely KRW 50 million to KRW 60 million, and there was no intention or ability to repay the loan even if it borrowed the money from the victim.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the JUnion account (K) in the name of the Defendant on the same day, and received KRW 60 million from the same account around the 30th day of the same month and received KRW 110 million in total.

B. The Defendant was not capable of paying interest on the debt amounting to KRW 190 million from H, which was a member of the same number fraternity, while the Defendant was obligated to pay the said debt amounting to KRW 190 million. The Victim G at the “L” restaurant located in Jinjin-si on January 20, 2015.

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