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(영문) 광주지방법원 2017.09.27 2017고단2586
사기등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

From March 2016 to August 30, 2016, the Defendant is a person who operated a human resources referral center called ‘E' in cooperation with the victim D in Gwangju Northern-gu C2 from August 30, 2016.

1. Fraud;

A. On February 16, 2016, the Defendant leased KRW 20 million to a police officer on June 2016, 2016, when he/she walked a telephone to the victim at a non-permanent place.

“......”

However, at the time of fact, while the Defendant had to pay 1.6 million won with the principal and interest of bank loans each month while the Defendant had to pay 20 million won or more with the principal and interest of bank loans each month, but was planned to use money for other purposes, such as the payment of interest on loans or the payment of card payments from the damaged party

There was no idea to use in acquiring the F Company, and there was no intention or ability to pay the borrowed money properly due to the economic difficulty as above.

In this regard, the Defendant, as seen above, was accused of the victim and transferred KRW 20 million to the Agricultural Cooperative Account (G) in the name of the Defendant on the same day from the victim.

B. On February 29, 2016, the Defendant posted a telephone to the victim at an insular location, and “The Defendant has borrowed money in relation to the ready-mixed company.”

In order to pay bank interest, if there is a shortage of money to pay 10,000,000 won, the company will pay 30,000,000 won including the borrowed money with the acquisition of the company.

“......”

However, at the time of fact, the Defendant, as described in the above A. On the other hand, while there was no particular property or income, planned to lend money from the damaged party to use it for other purposes, such as credit card payment or loan repayment.

There was no idea to use FF Company-related loans, and as such, there was no intent or ability to properly repay the borrowed money as it is economically difficult.

However, the defendant deceivings the victim as above.

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