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(영문) 울산지방법원 2013.07.26 2013고단334
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On April 18, 201, the Defendant told the victim E at the D coffee shop located in Ulsan-gu, Ulsan-gu, Seoul-gu, that “If the Defendant borrowed KRW 10 million from the funds to obtain a loan from the Small and Medium Business Corporation, 10 million will be paid in full.”

However, even if the defendant borrowed money from the victim with no property, he/she did not have any intent or ability to repay the money for 100,000 won.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the Gyeongnam Bank account of the Defendant on the same day.

B. On May 4, 2011, the Defendant stated, at the same place as in the preceding paragraph, that “I will use only 10 million won and complete payment if I lend 10 million won more because I want to do so.”

However, even if the defendant borrowed money from the victim with no property, he/she did not have any intent or ability to repay the money for 100,000 won.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the Gyeongnam Bank account of the Defendant on the same day.

2. The Defendant is the actual representative of the FF Co., Ltd.

On November 30, 2010, the Defendant: (a) on November 30, 2010, instead of having borrowed money from G at a mutually unclaimed restaurant located in Ulsan-gu, Ulsan-gu; (b) on November 30, 2010, the Defendant borrowed KRW 290 million from G on November 30, 2010 to G; (c) thus, the Defendant drafted two power of delegation to delegate all the authority to commission the preparation of an authentic deed of a monetary loan agreement.

Accordingly, G, around September 8, 201, shall submit to J two copies of the notarial deed at the notary public I office located in Ulsan-gu, Ulsan-gu H, and shall make two copies of the notarial deed at the J.

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