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(영문) 대전지방법원 2017.02.08 2016고단993
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 2013, the Defendant operated two sub-factorys to the victim E at the two sub-factory of the D Agricultural Association Corporation located in Jincheon-gun, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do.

At present, the factory stops when employing and operating the disabled or the homeless.

If there are several funds, the factory can be paid a profit again, and it is expected to receive a corporate loan, so it is expected to lend money to one to two months.

“Hamman” refers to the victim F and the victim E at the same place on September 2013, 2013 when the funds of KRW 100 million are raised, the two factories can be operated, and the entire sales places are secured, so a high profit may be raised only when the factory is operated.

Since a corporate loan is also scheduled, if a corporate loan is made by itself, the investment money may be immediately recovered and the investment money may be recovered from the operating profit.

2. The term “assumed.”

However, in fact, since the two sub-factorys of the D Agricultural Association did not secure a sales place, there was no possibility of making profits from the sale of the factory and making profits from the business, and it was difficult to obtain a corporate loan because it did not meet the necessary conditions for the loan, such as the ability to provide collateral, transaction performance, possibility of realizing the business plan, etc., and the defendant did not have the intent or ability to return the two sub-factory loan or the proceeds from the operation of the two sub-factory even if he received money from the victims, because he did not use the money in real place for the restructuring of the two sub-factorys, and did not use it

Ultimately, the Defendant: (a) by deceiving the victims as above; (b) received KRW 5 million from the victim E to the Agricultural Cooperative Account in the name of D church around August 27, 2013; and (c) received KRW 100,000 from the victim E and F in total five times from around that time to October 10, 2013, including the statement in the list of crimes attached hereto.

b)a summary of the evidence;

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