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(영문) 광주지방법원 2018.06.07 2017고단4689
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who actually operates C.

1. The Defendant loaned KRW 100 million to the victim D and E (the 2017 senior group 4689) on February 2015 to the victim D and E (the 2017 senior group 4689) in the 'G' office in the Dong-gu, Gwangju, about February 2015, to the victim D and E (the 100 million senior group c) in order to sell the cosmetic to the Chinese Home shopping in connection with the company's representative director, they will pay KRW 10 million per month on the date when the principal reaches the due date.

“A false representation was made.”

However, at the time of fact, the Defendant was in arrears with the tax of KRW 88 million, and C was in excess of KRW 100,000,000,000,000, and it was thought that the victims would use considerable portion of the money to repay the previous debt, and it was not clear whether there was profit from the business in connection with the Chinese Home Shopping in China. Therefore, there was no intention or ability to pay the profits of KRW 10,000,000 per month to the victims, or to pay the principal.

As above, the Defendant, by deceiving the victims and deceiving them from the victims on February 25, 2015, received the total of KRW 40 million from the bank account (I) to the bank account in the name of H on February 25, 2015, and KRW 60 million from the account in the name of Gwangju Bank Co., Ltd. (J) to transfer KRW 100 million.

2. Fraud against the Victim K (2017 high group 5277) The Defendant, around April 2015, tried to sell cosmetics and other items to China and run home shopping-related business from the Victim K in the “N” camera located near the port of departure No. 4 MM located in Gangnam-gu Seoul Metropolitan City L in Gangnam-gu.

An investor is recruited, and if an investment of KRW 100 million is made, an investment will be made 5% of the last day of each month from June 2015.

“A false representation was made.”

However, at the time of fact, the Defendant was in arrears with the tax of KRW 88 million, and the Defendant was already in excess of the obligation by borrowing KRW 100 million from other people, and C was in excess of KRW 100 million.

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