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(영문) 광주지방법원 2015.05.01 2014고단4098
사기
Text

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

Reasons

Punishment of the crime

The Defendant is the representative director of C(hereinafter referred to as “C”) in the name of the Defendant, and D is a person who invested KRW 70 million in the “F E” operated by C in Gwangju Northern-gu E.

The Defendant and D conspired to borrow money from the victim G because it is difficult to repay the obligations of bills due to the difficulties in the operation of the set.

Around November 26, 2008, the defendant presented the above Mart's commercial lease contract and the share table of C issuance to the victim at the I office operated by the victim in Gwangju North-gu, Gwangju-gu, and "B is the operator of the above Mart and C, and D is the shareholder. There is a sales amounting to KRW 12 million per day, and if the Mart loans KRW 100 million per day, the defendant will complete the payment guarantee letter and then purchase the Mart's daily necessities in Mart with a higher value, and complete payment. And as security, the above Mart's lease deposit should be transferred with a claim of KRW 220 million,00,000,000,000 per share issued by the above company, and together with the above amount of KRW 20,000,000,000."

① At the time, the said Mart had been used at the discount of a bill because it had been extremely poor in business and experienced financial difficulties (on December 15, 2008, C was unable to redeem the promissory note amount and was disposed of in bankruptcy on December 15, 2008). ② It was not only the condition that C had the debt owed to Franchi Co., Ltd., a lessor of the said Mart building, and exceeded the lease deposit, but also the status of the attachment and assignment order by other creditors as of October 1, 2008 for KRW 70,191,120, out of the lease deposit. ③ A lease agreement on the said Mart building was concluded between Franchi Co., Ltd and JK Co., Ltd. on November 22, 2008.

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