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(영문) 광주지방법원 목포지원 2017.05.30 2017고단347
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2015, the Defendant is required to take care of and prohibit the victim D, who is an employee at a limited company C office located in the Namnam-gun, Namnam-gun, which is operated by the Defendant, from April 13, 2015.

If an investment of KRW 50 million is made, the principal will be repaid until April 14, 2016, which is after one year, and the company's share will be 1.5% as interest.

“The purpose of “ was to make a false representation.”

However, in fact, at the time of Defendant’s operation, the above company’s sales revenue was not generated, and the company’s personal debt of KRW 400 million and KRW 1550 million were liable for the Defendant’s personal debt of KRW 150 million, and thus, the Defendant did not have any intent or ability to repay even if he borrowed money from the injured party.

On April 14, 2015, the Defendant received from the injured party a transfer of KRW 50 million to the Gwangju Bank account in the name of the limited company C as a loan deposit from around 10:23, 2015.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 17, 2015, the fraud Defendant: (a) around June 16, 2015, at the place indicated in paragraph (1) around June 16, 2015, the victim D is required to have a joint guarantor to obtain a loan due to the lack of company financing.

A false statement was made to the effect that the joint and several surety should be repaid in full three months after the third month of the week in which the signature is signed as a joint and several surety, and the joint and several surety will be changed.

However, as stated in Paragraph 1, the Defendant did not have any intent or ability to repay the loan even if he received the loan because it was extremely difficult for the Defendant to do so due to the financial situation of the Defendant and the Defendant.

The Defendant had the victim pay a total of KRW 40,000,000 to the lending companies of the Defendant (Around June 16, 2015, LL Havis Co., Ltd.)

D.C. 6 million won, 6 million won from L.C. L., Inc., and 6 million won from L.C., Inc.;

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