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(영문) 대구지방법원 2016.11.25 2016고단995
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

around April 2015, the Defendant stated that “A real estate office located in Daegu Northern-gu Seoul Northern-gu, 2015,” and that “A victim E loaned money of KRW 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

However, in fact, the Defendant used to lend money from the victim to the other party instead of using the above money as the purchase price of the materials, and even if raising the money, he did not intend to use the money for any other purpose in lieu of repaying the victim. Thus, even if he borrowed money from the victim, he did not have the intent or ability to repay the borrowed money at the due date

On April 29, 2015, the Defendant received KRW 40 million from the victim to the Daegu Bank Account in the name of the Defendant F Co., Ltd. (hereinafter “F”) under the name of the Defendant (hereinafter “F”).

Accordingly, the defendant was given property by deceiving the victim.

On September 11, 2015, the Defendant made a false statement to the victim G at the Korea Golf Industry Development Office Co., Ltd., Ltd. located in Daegu-dong-gu, Daegu-gu, G, stating that “B is the representative of H, who is a large logistics company, and the amount of KRW 20 million is required, and if lent, he/she will complete payment until November 10, 2015.”

However, in fact, the Defendant was engaged in the second commercial transaction, not H’s representative, but the Defendant was seeking to pay money to the victim instead of paying the victim. Thus, even if he borrowed money from the victim, the Defendant did not have the intent or ability to pay the money in time.

As above, the Defendant, by deceiving the victim as above, received 20 million won from the victim as the borrowed money, namely, from the victim.

"2016 Highest 2511" means a person who operated F, the defendant's investment of KRW 50 million in the defendant around June 19, 2015, and KRW 75 million in the JJ operating I, and the defendant's investment of KRW 75 million in Gyeongk Co., Ltd.

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