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(영문) 전주지방법원 2014.10.23 2014고단177
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to a suspended sentence of two years on August 28, 2013 by the Jeonju District Court for attempted fraud, etc., and the judgment became final and conclusive on November 28, 2013.

The Defendant is the representative director of three companies, including Co., Ltd., Ltd., limited liability companies D and E, and the G law office located in Seojin-gu, Seoul on November 4, 2011, the Defendant made a false statement to the representative of the victim H clan I that “I would lend 200 million won of surplus funds to the victim H without any framework until January 10, 2012, and would pay interest of 14% per annum. If I did not pay the above money by the above date, I would like to pay 750 shares of the SP clubs owned by D, and if I would waive all rights to the building, C, and limited liability companies in the Seoul Special Metropolitan City.”

However, even if the Defendant did not borrow money from the victim due to the absence of any particular income, the Defendant did not have the intent or ability to repay the borrowed money by January 10, 2012, and the Defendant would be provided at the time of the repayment of the borrowed money.

The buildings in the JJ in Seoul Special Metropolitan City, Seoul Special Metropolitan City, had no property value due to the creation of a large amount of security rights, and there was no property value as the Co., Ltd. and limited liability companies D, and 750 shares of the above SPabyt club were not intended to be transferred to the victim even at the time of repayment of the above borrowed amount.

The Defendant, as such, by deceiving the said I, received KRW 200 million from the victim to the account in the name of the former bank in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A complaint;

1. Each investigation report (related to stock disposal, listening to the telephone statement of persons related to the Sfabyt clubs, listening to the telephone statement of the persons, and listening to the K telephone statement of the land owner J in Busan-gu in the Jeonju-si);

1. A copy of a certified copy of the register, C copy of the register;

1. Previous records: Application of inquiry reports and investigation reports (Attachment of written judgments of cases, such as attempted criminal suspects' fraud, etc.) and statutes;

1. Criminal facts;

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