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(영문) 대구지방법원 2018.08.24 2017고단6619
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 18, 2016, the Defendant, against the victim B, will receive a loan of start-up funds from the victim at the D office of the Defendant’s management company located in Daegu-gu, Daegu-gu, and the victim, who borrowed KRW 15 million to the victim, three months after the loan.

“ ........”

However, the defendant could not receive a start-up fund, and there was no amount of KRW 3 billion in the account in the name of the corporation D, and there was no intention or ability to repay even if he borrowed money from the damaged party due to no particular property or corporate income.

The defendant deceivings the victim as above and was remitted to the E account in the name of the defendant on the same day from the victim.

2. On April 26, 2016, the Defendant against the victim F, at the place specified in paragraph (1) around April 26, 2016, provided that “A victim F is financially able to lend KRW 3 billion to D Co., Ltd. with a loan of KRW 3 billion to the victim F, and D Co., Ltd., a corporation’s assets amounting to KRW 3 billion. As a matter of corporate tax, a corporation card is set aside, and a corporation card is temporarily free from funds, and he/she will be repaid within 1-2 weeks if

“......”

However, the defendant did not lend KRW 3 billion to D Co., Ltd., and did not have KRW 3 billion to the account in the name of D Co., Ltd., and even if he borrowed money from the damaged party due to no particular property or corporate income, there was no intention or ability to repay it.

As above, the Defendant: (a) received from April 18, 2016 to August 31, 2016 the remittance of KRW 27,660,200, as stated in the list of crimes in the attached Table, from the victim of the said deception; and (b) received from the victim to August 31, 2016 as the borrowed money.

3. The criminal defendant against the victim G may list the victim G at the office described in paragraph 1 on May 2016, 201 as “D’s assets amounting to KRW 3 billion.” On the other hand, the victim G transferred KRW 200,000 shares to the victim G, if it is expected to list the shares.

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