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(영문) 광주지방법원 2014.08.20 2014고단1636
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while operating a health food sales business establishment called Cmine branch in Nowon-gu in Seoul Special Metropolitan City, was faced with the crisis of insolvency in around 2006 due to business depression, and continued to run a business by lending KRW 10 million under the pretext of operating funds, etc., but continues to lend funds from a third party on the ground of continuous display in around 201, while operating a cmine fund, the Defendant continued to lend funds from a third party to pay the obligations to the existing debtor. The Defendant’s husband’s real estate also owned by the Defendant has no value of collateral security, and thus, there was no ability to pay the obligations even if it borrowed money from a third party.

Nevertheless, the Defendant, while selling the same school food and health food, had deceiving him as if he would normally pay principal and interest to the same school food, and had the Defendant mind to pay debts to the existing debtors after receiving the money.

1. Around June 30, 2011, the Defendant: (a) made a false statement to the victim D (the 83 years of age) with the victim D (the 1404) of the Gangseo-gu Seoul Metropolitan Government E-building No. 1404; (b) the same son was the head of the bank, the her husband is the head of the bank, and the her husband is the head of the bank; (c) the 30 million won can be repaid without any mold; and (d) the Defendant would have repaid money within one year if he/she lent money.

As such, the Defendant, by deceiving the victim, received 30 million won as the borrowed money from the Suhyup Bank located in the Gangseo-gu Seoul Metropolitan City and the same day from the victim.

2. On October 11, 2012, the Defendant, who committed fraud against the Victim F, made false statements to the Victim F (F) who is a healthy food purchaser, saying, “The Defendant has three debt collection, the husband is the head of the Suhyup Branch, C is the head of the Suwon Branch, and C is the head of the Suwon Branch, and the Defendant is to repay the money until April 11, 2013.”

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