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(영문) 대구지방법원 2017.08.11 2017고단3267
사기등
Text

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

Reasons

Punishment of the crime

1. Fraud;

A. On June 18, 2015, the fraud Defendant made a false statement to the victim E, who became aware of by the introduction of the chair around June 17, 2015, that “on the part of the victim E, it is necessary to pay money to export the mobile phone to China, and on the part of lending KRW 19 million, it would pay KRW 20 million at the end of July 2015.”

However, the Defendant was in bad credit standing at the time and was liable for approximately KRW 7,50,000,000 to employees of the “F” companies operated by the Defendant, including the amount of retirement allowances in an amount equivalent to KRW 4,50,000,00,00, and the Defendant was in a situation where it was economically difficult for the Defendant to pay the amount of wages of its employees at that time, and thus, he did not have any intent or ability to repay the amount even if he borrowed money

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 19 million to the injured party on or around the 18th day of the same month as the borrowed money.

2) On December 2, 2015, the fraud Defendant called the victim on December 1, 2015 and paid off the money that he/she borrowed in the past.

On January 2016, 2016, if a loan is extended to KRW 30 million, it was false that the sum of KRW 19 million will be paid in full.

However, the Defendant did not have any intent or ability to complete payment, even if he borrowed money from the injured party, because the Defendant was in an economically difficult situation as stated in the above 1).

Nevertheless, the defendant deceivings the victim as above and received 30 million won as the loan from the victim on or around the 2th of the same month.

3) On March 4, 2016, the Defendant phoneed the victim on March 2, 2016, and made a false statement to the effect that “Around March 2, 2016, the Defendant would newly establish a high-quality factory with the intention to use the high-level factory to use the high-level factory with the intention to use it.” However, the Defendant established a company with a loan of KRW 20 million, thereby receiving the subsidy for start-up and paying all the borrowed money.”

However, the defendant plans to establish a high-sea factory at the time.

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