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(영문) 서울중앙지방법원 2014.07.04 2013고단7844
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 engaged in the clothing sales business in the South-west market, and the victim D is aware of the introduction of the victim's Chok E with the victim, and he/she has he/she he/she he/she he/she he/she he/she

From August 6, 2007 to July 7, 2008, the Defendant loaned money to the victim (i.e., the Defendant imported and sold clothes from a part of the Nam-gu Seoul Metropolitan Government; ii) stating, “The Defendant has invested in the company in which he has made an investment; and (iii) he has made an investment in the company in which he has made an investment; and (iv) he has made an investment in the company in which he has made an investment; and (v) he has to pay all the money. The Defendant would not be able to know about the number of shares. The Defendant did not pay the money even when he has received the money. The Defendant loaned money by stating, “The number of shares of the party that is issued and traded normally.”

However, as the Defendant was unable to receive a loan of KRW 50 million from F on July 2007, the Defendant continued to lend additional money to F with no choice but to July 2008. However, even if the Defendant borrowed money from the victim, it was thought that it would be lent to F, and there was no intent to use it as the price for the receipt of clothes. The Defendant was aware that the check may be due and due to the party shares received from F, and the sum of additional loans extended to F until July 2008 was more than KRW 40 million, and F did not have any intent to pay the money even if he did not borrow money from the victim. In addition, the Defendant was aware that all of the above party shares issued to the victim, and the check was the party shares received from F, and the sum of the additional loans extended to F until it was more than KRW 50 million,000,000,000, and F did not have any ability to pay the money from the victim, as it was not a debt to F.

Nevertheless, the defendant is the victim.

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