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(영문) 광주지방법원 2014.05.29 2013고단5446
사기
Text

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

The defendant pays 60,000,000 won to an applicant for compensation.

Reasons

Punishment of the crime

(1) The Defendant, while in charge of the accounting affairs of E, was the husband, who actually operated the deceased F and the above company, and the victim D had a house house from December 1, 201 to April 30, 201. The Defendant was a person who had a house house of the Defendant from around December 1, 2010 to around April 30, 201, and the Defendant was willing to borrow money from the deceased F after hearing the words of lending money from the victim who had a house house of the Defendant, in the situation where the right to collateral security against the market price is established and the additional financing is difficult.

1. Around 13:00 on January 16, 201, the Defendant made a false statement that “(oil)E is operating a H erosion control dam project for the victim in Seo-gu, Seo-gu, Gwangju, the Defendant’s residence. If the Defendant borrowed KRW 30,000,000, the Defendant would pay interest on three parts per month and pay it after two months.”

However, even if the victim borrows money from the victim, there was no intention or ability to pay it more than two months.

Around January 17, 2011, the Defendant, by deceiving the victim, received KRW 30,000,000 from the Gwangju Bank Account (Account Number I) in the name of the victim.

2. On January 19, 201, the Defendant loaned 20,000,000 won to the victim for purchasing stone to the “Corporation” at the place specified in paragraph (1) around January 19, 201, with interest on 3 parts per month and with interest on 2 months thereafter.

"At the end, it was received 20,000,000 won from the victim's account as described in paragraph (1) around January 19, 201.

3. On January 24, 201, at the place indicated in paragraph (1) around January 24, 201, the Defendant received KRW 10,00,000 from the victim a delivery of KRW 10,00,000 to the account indicated in paragraph (1) on the ground that “If the Defendant borrowed KRW 10,000,000 as much as the building stones price falls short of KRW 10,000,000,00 from the victim under the same condition as the borrowed money.”

Accordingly, the defendant's total sum of KRW 60,000,000 from the victim three times.

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