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(영문) 서울중앙지방법원 2019.10.16 2019고단1492
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around November 23, 2009, the Defendant made a false statement to the effect that, “The victim C’s house located in Seo-gu, Gwangju Metropolitan City, would operate the Company D, operate the landscaping business, receive money in many places, and want to import and sell boiler from Russia, need to pay money rapidly. If the Defendant borrowed KRW 100 million, 1% interest per month shall be paid, and the principal shall be paid in full after one year.”

However, the facts are as follows: ① (a) around 2008, the Defendant invested almost all cash assets in the LED business; (b) there was a loss equivalent to KRW 700 million from the bond company; (c) even after the maturity date, the Defendant was unable to repay the principal to the bond company; (b) even though “stock company D” was its principal revenue source, it was not good in the operation situation of “stock company D”, it was proceeding with the establishment of a sale plan and the sale procedure; (d) there was no stable revenue source because it was difficult to expect that the business currently in progress would be able to obtain income from the project; and (c) there was no need to pay the principal to the boiler import business by accepting a contract concluded with the “F of a limited liability company” in Russia; and (e) there was no need to pay the first amount of money in excess of KRW 17 million,0000,000,000,000,000,000 from the victim’s first contract and there was no special need to pay the amount of money.

Nevertheless, the defendant is the victim.

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