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(영문) 의정부지방법원 2018.11.21 2018고단1667
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 13, 2015, the Defendant: (a) opened and operated a stock company, which is engaged in the business of producing and selling bedclothess, kitchen supplies, clothing, etc., and (b) operated as a representative director. (c) around 199, the Defendant served as the seller of cosmetics visit around 199, sent the victim D and the worker-friendly relationship with the interest-friendly relationship; and (d) no contact was made for about 10 years around 2016.

The Defendant, from around December 2016, explained from around December 2, 2016, that C was a company with good credit rating and that it was a company with good credit rating, recommended the Defendant to make an investment in the above C, and the victim was refusing it and demanded to lend the funds of the Defendant

On August 30, 2017, the Defendant: (a) lent KRW 100,00 to the victim with the company’s business funds, and (b) returned money to the victim on November 30, 2017 when the Defendant borrowed KRW 100,000 to the director on December 2, 2017.

If the business of the company is well operated and the credit rating is good, and the company obtains a loan from a bank, etc. or makes a loan to its neighbors, the company will pay the loan immediately.

The phrase “the phrase was false.”

However, the defendant did not have any intention or ability to repay the money even if he has received the money from the victim as follows:

In other words, on the day of receiving money from the injured party, the Defendant paid the Defendant a total of KRW 4.4 million to E, KRW 10 million to F, KRW 13 million to the Defendant’s personal debt, and KRW 47.4 million to the Defendant’s personal debt amounting to KRW 97.4 million on the day of receiving the money from the injured party. The Defendant paid the Defendant a total of KRW 67,496, KRW 6796, and KRW 1,000 to the G bank account (Account Number H) and I bank account (Account Number J) in the name of the Defendant before receiving the money from the injured party. The Defendant’s personal debt amounting to KRW 97.4 million was in a situation where the total of KRW 67,496, and KRW 67,496, and KRW 1,000 to the Defendant’s personal debt amount.

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