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(영문) 광주지방법원 순천지원 2015.07.03 2014고단1301
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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: (a) was a person operating D Co., Ltd. established for the purpose of civil engineering works, etc.; (b) around November 2012, the Defendant and the said D borrowed money from the bank, etc. around KRW 600 million; (c) around June 2012, the Defendant filed a civil petition to pay construction expenses on or around November 2012, 2012 due to the failure to pay construction expenses to the participating companies in the construction project subcontracted by the E Co., Ltd.; and (d) under the aforementioned financial pressure, the Defendant was unable to pay KRW 11,00,000 for employees G and H who worked for the said D and H’s wages at KRW 43 years of age, and thus, there was no intent or ability to pay the said expenses, even if having borrowed money from the victim I (the name of establishing an entertainment planning company) on the pretext of “the name of establishing an entertainment planning company.”

On November 27, 2012, the Defendant decided to make an investment in money in order to establish an entertainment planning agency by making a telephone call to the victim at a Buddhist area in Seoul and below Seoul. However, the victim refused to do so. The victim again made a false statement that “If the shares required to establish an entertainment planning agency are leased KRW 100 million to the victim, the Defendant would establish the company by paying the shares with the said money and pay the following money immediately.”

However, even if the Defendant borrowed money from the victim due to such pressure, it was thought that the Defendant did not intend to use it as the payment for the establishment of an entertainment planning company, and was used for resolving the pressure of financial pressure, and there was no intention or ability to repay the money borrowed from the victim.

Nevertheless, the Defendant received 100 million won from the bank account (Account Number J) in the name of the Defendant’s bank account in the name of three times as a share money necessary for the establishment of an entertainment planning company on or around the 28th of the same month from the victim by making a false statement to the victim as above.

The defendant is the representative director of Civil and Construction Business Co., Ltd. D, who is the defendant of 2014 Highest 1312.

On January 23, 2013, the Defendant (hereinafter “Defendant”) is Bohyeong-si around 13:00.

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