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(영문) 광주지방법원 2020.12.18 2020고단3624
사기
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On November 28, 2009, the Defendant displayed the Credit Business Business Plan to the victim D, who was an employee of the next team team of the same department, in the name of Yeongdeungpo-gu Seoul Metropolitan Government on November 28, 2009, and concluded that the content of the business is false that: (a) the Defendant lent an officetel deposit to the employees of the entertainment establishments who want to reside in the office located in Jung-gu, Young-gu; (b) the Defendant borrowed the officetel deposit to the employees of the entertainment establishments who had the ability to pay the deposit; and (c) the lessor is in the form of leasing the leased in the name of the lending company and sub-lease it to the employees of the entertainment establishments; and (d) the amount of the investment is used as the deposit, making it possible to repay the principal at any time; and (e) preparing the documents in full through a licensed real estate agent and a certified judicial scrivener. (c) When making an investment, 100,000 won monthly dividends monthly income per five million won, including the principal and interest after six months

However, the defendant did not have the intent or ability to pay profits to the victim by investing in the credit business even if he received investments from the victim, and used the funds as repayment funds to the creditors of the defendant, including the Credit Counseling and Recovery Board.

As above, on January 25, 2010, the Defendant, by deceiving the victim and receiving KRW 5,000,000 from the victim’s corporate bank account (F) to the Defendant’s corporate bank account (F) on account of investment, and acquired a total of 325,711,50 won through nine times from around that time to August 31, 2015, as shown in the separate crime list, as shown in the separate crime list.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A complaint;

1. Application of Acts and subordinate statutes to business plans, notarial deeds, details of transactions, loan certificates, declaration of bankruptcy, and text details;

1. Criminal facts;

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