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(영문) 대전지방법원 천안지원 2016.09.02 2016고단1381
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud against the victim's free capital;

A. On May 7, 2008, the Defendant made a false statement to the effect that, at the Defendant’s residence located in Seodaemun-gu Seoul Building 202, the Defendant may receive a loan for the normal purchase of vehicles from the Defendant’s employees in the name and influence of the victim’s free capital, and repay the loan normally.

However, in fact, the Defendant purchased a vehicle with a loan and intended to sell it to another person immediately and prepare funds for purchasing a restaurant. The Defendant consumed the entire property in purchasing a restaurant located in the public city, and the transfer of the vehicle in operation was sold to another person. Therefore, even if the loan was received, there was no intention or ability to pay the loan normally.

After all, the defendant deceivings the business employees of the victim company as above, and then acquired 13.5 million won from the victim company as the vehicle purchase fund from May 6, 2008.

B. The Defendant was above around May 22, 2008.

at the place described in the subsection (a) above

In the same manner as the statement in the paragraph, deceiving the victim (the victim) business employees under the name of the victim(s) capital, and it was obtained from the victim company on May 22, 2008 and obtained 18.1 million won from the victim company as a vehicle purchase fund.

2. Fraud against victim D;

A. On July 20, 201, the Defendant concluded that “F restaurant” operated by the Defendant in the public city E, and that “A victim D wishes to conduct a business, such as oral cleaning and mast in the G hot spring,” and that “A victim will pay interest of KRW 150,000 won per month on the face of a week by lending KRW 50,000,000,000 to KRW 1,150 won per year.”

However, even if the Defendant borrowed money from the victim, it was intended to use the money for the operation of the restaurant, and there was no intention to use the money as a deposit for the operation of the ancillary facilities in the hot spring site, and it is difficult to operate the restaurant at the time.

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