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(영문) 부산지방법원 2014.01.15 2013고단4442
사기
Text

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

Reasons

Punishment of the crime

On January 20, 2012, the Defendant is a person who was sentenced to one year of imprisonment and two years of suspended execution for violating the Automobile Management Act at the Busan District Court on January 20, 2012, and is still under suspended execution as of January 28, 2012.

1. On January 26, 201, the Defendant stated that “A victim C intends to engage in the export business of used cars, engine parts, etc., and has invested an amount exceeding 1.5 billion won. I cannot establish a juristic person with bad credit standing. I would not establish a juristic person with bad credit standing. I would like to engage in a business every three million won on the face of a week with the head of a juristic person’s branch office. If I would have to seek a corporate office, I would later receive an investment of 1.5 billion won if I lent 15 million won as I would have to obtain a corporate office.”

However, the facts are that the business plan at the time is not detailed, and there is no person who will make investments in the above 1.5 billion won, and even if the defendant receives the above investment money from the victim, he did not have the intent and ability to make profits from the investment to the victim.

As such, the Defendant deceptioned the victim, and received 15 million won from the victim, thereby deceiving the victim.

2. On February 11, 2011, the Defendant stated that “A victim C does not enter money from an investor who is to invest 1.5 billion won up to work,” and if the Defendant lends 20 million won to the said investor, he/she would offer a profit according to the amount of the investment from the said investor.”

However, the fact that the business plan at the time was not detailed, and that at the time there was no person who will make investments in the above 1.5 billion won, the defendant did not have the intent and ability to make profits from the investment to the victim as the promise was received from the victim.

On February 14, 201, the Defendant, by deceiving the victims as such, had the victims file an application for loans of small and medium enterprise funds with the Credit Guarantee Fund for KRW 20 million with the Korea Credit Guarantee Fund, 2.00,000 from the point north of the thought of Enterprise Bank.

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