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(영문) 전주지방법원 군산지원 2019.08.16 2018고단785
사기
Text

The defendant shall be innocent.

Reasons

1. On October 201, the Defendant introduced the Victim F as the president of the G Cooperative in the first place at the “E” station located in Sinsan-si, Sinsan-si, and introduced the Victim F as the victim’s president from that time to that time, while practically operating the G in Sinsan-si, Sinsan-si, Sinsan-si.

However, in fact, the Defendant was unable to pay the wages of the employees from January 2012 to June 2012, and it was difficult for the Defendant to operate a business with approximately KRW 56 million of the total wage of the employees in arrears. There was a approximately KRW 540 million of the obligation due to the business and KRW 550 million of the personal obligation, while there was no special income other than receiving KRW 900,000,000 from August 2012 to H as the rent for the factory building, and thus there was no intention or ability to repay the borrowed amount or pay the credit card amount even if he borrowed money from the victim or used the credit card.

Around May 3, 2012, the Defendant committed the crime of defraudation of borrowed money, which reads to the victim in J Lestoland, “When it is urgently needed in the company’s business money, it is possible to know about the invested money and pay it at the end of the year to the interest if it makes an investment from time to time to time to time to make an investment in the bank as soon as it becomes necessary in the company’s business money.”

As above, the Defendant, by deceiving the victim as above, received KRW 1,90,000 from the victim’s account (L) in the name of the Defendant from the victim, and received KRW 1,90,00 from the said date and time to January 15, 2013 totaling KRW 29,249,214 from the said date and time to January 15, 2013.

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

B. The Defendant committed the crime of defraudation of credit card proceeds by fraud is called as “to use a credit card if he lends the credit card to the victim, and to settle the price thereof at a mutually influent restaurant in the military and mountainous districts movement around May 10, 2012.”

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