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(영문) 서울중앙지방법원 2015.01.28 2014고단5053
사기등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has overall control over the overall affairs of the company, such as the management of the partner company and the selection of the company, who is the director of the headquarters of the Co., Ltd., which is a multi-family housing construction company, and the victim D is the representative director of the above company, and the victim E is the representative director of G, which is entrusted with the affairs of vicarious sale of the 900

1. Fraud;

A. On January 12, 2012, the Defendant made a false statement to the victim E by calls from the victim E at an unsound place, stating that “A Study shall be sent to the children studying in China.” If the Defendant loans KRW 30 million to the victims, he/she shall be repaid one month after the loan.”

However, the Defendant had no particular revenue or assets, and the above Company C did not receive the benefits properly, and since the implementation project promoted by the above Company was an early stage, such as the purchase of the site for the project, the selection of the contractor, and the association formation, it is difficult to expect certain profits from the implementation project, it was difficult to expect certain profits from the above implementation project. Therefore, even if borrowed money from the victim, the Defendant did not have any intent

On January 12, 2012, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the bank account under the name of the Defendant from the victim as the borrowed money, from that time to July 20, 2012, and by deceiving the victim as stated in the attached Form (1) through three times from that time, and by deceiving the victim as stated in the list of crimes, he/she acquired 35 million won in total from the victim as the borrowed money.

B. At the I hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, the Defendant made a false statement to the victim D, stating that “The Defendant would immediately repay money from his/her friendship to his/her other friendships because he/she did not receive any funds from other friendships.”

However, the defendant did not have such a meeting, and there are particular profits or assets.

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