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(영문) 제주지방법원 2017.11.23 2017고합80
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2017 Gohap 80]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. The Defendant committed the crime against the victim C is a person who established a “D” corporation on October 26, 2016 and was appointed as a joint representative director, with the type of cultural planning, exhibition planning, performance planning, film photographing, event agency, etc. from around the summer of 2013.

The Defendant, without capital, borrowed and used money in the name of the company operation expenses, etc. from the Chinese president, who became aware of through the “E” exhibition around April 2015, and was prepared to carry out the event upon receipt of a proposal from the Chinese president to plan a series of performances in China and to participate in the event in the event after the event occurred, and the event was revoked, and there was no way to repay principal and interest to the borrower of money in the name of the company operation expenses, etc., the Defendant need to prepare for the revoked performance from the Chinese president and the surrounding persons.

It is necessary to prove the balance of the head of the Tong in order to demonstrate the credit rating in bidding for the events promoted by the public offices, etc.

In order to use money to repay the existing debts by borrowing money from the false words, such as “necessary money to carry out the events of seeding and the exhibitions of women.”

At around April 23, 2015, the Defendant would lend KRW 100 million necessary to supervise Jeju University Festival to the victim C.

The phrase “ makes a false statement.”

However, the Defendant did not have a plan to conduct such events as the horses, and operated the said D with the money borrowed from the persons without capital, without any particular profits. The money borrowed from the victim did not have an intent or ability to repay the money even if the Defendant borrowed the money from the damaged person in mind that it would be used to repay the existing debts.

The defendant.

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