(영문) 광주지방법원 2016.08.18 2016고단749

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(영문) 광주지방법원 2016.08.18 2016고단749

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2016 Highest 749"

1. On January 19, 2014, the Defendant received a request from the victim D to “a promissory note discount to raise funds necessary for the new establishment of a hospital,” and accepted the request from the victim D, through the introduction of friendship C at the mutual infinite coffee shop in Gwangju-gu.

On the 20th day of the same month, the Defendant borrowed 35 million won from H around the 29th day of the same month to receive a promissory note with the amount of 200 million won issued by the victim C, and 100 million won of a promissory note with the amount of 100 million won (bill number G), and granted the amount of 100 million won of the said promissory note to H as collateral for the loan.

Accordingly, the defendant embezzled the victim's property.

2. Fraud;

A. On January 23, 2014, the Defendant sent 15 million won to D, on a telephone from a bank located in the Seoulcheon-dong, Seoul around January 22, 2014, to C by means of a telephone, for the purpose of opening a passbook necessary for the discount of a promissory note, and at that expense, the Defendant sent 15 million won to D.

In other words, “.........”

However, the Defendant was aware of the fact that: (a) the Company (State) operated by the Defendant, as if he received a promissory note from the Victim D in the name of the said Company; (b) there was a plan to receive a discount of a promissory note under the said Company’s name; (c) however, the Defendant was aware of the fact that the said Company’s loan obligation of the said Company was possible due to the payment of the said Company’s loan obligation; (d) the victim or C was unlikely to borrow the amount of KRW 15 million if it is true, the Defendant merely explained that the amount of money that he received from the victim was to be used for the repayment of the company’s loan obligation; and (e) at the time, the Defendant was liable for the personal liability of KRW 150 million,000,000, and

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