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(영문) 서울중앙지방법원 2015.06.11 2014고단8810
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who actually operates D Co., Ltd. (hereinafter “D”) from around 1998 to November 201, 201, and E Co., Ltd. (hereinafter “E”) from May 201 to July 2012, 201.

1. On June 10, 2010, the criminal defendant against the victim F made it difficult to know that he/she was in the Dobong-gu Seoul Metropolitan Government Dobong-gu Dobong-dong, and at the time, D was operated by the defendant was unable to make any profit and to meet the operational expense purpose. The defendant was in arrears with tax of about KRW 33 million as a credit bad, and the defendant is in arrears with tax of KRW 10 million,000,000,000. On the other hand, even if he/she borrowed money from the victim due to the lack of any particular property or profit under the name of the defendant, he/she did not have the intent or ability to repay the borrowed money as a promise, despite the victim’s lack of intent or ability to do so, the victim made a false statement that “D will use it for 20 days if he/she borrowed money

As above, the Defendant, by deceiving the victim as above, was delivered to the foreign exchange bank account in the name of the Defendant for the purpose of borrowing KRW 10 million from the victim on June 11, 2010, and KRW 14 million around 14 million from June 14, 201, and KRW 4 million from around the 14th day of the same month.

2. On August 26, 2011, at the E office located in the second floor of the Gangnam-gu Seoul Special Metropolitan City I building, the Defendant was at the time, and at the time, at the time, at the time, not having manufactured new technology and machinery for driving cars, and was unable to meet the operating expenses of the Defendant due to the failure to support the business. Despite the absence of any particular property or profit under the Defendant’s name, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the borrowed money as agreed, the Defendant found the machinery produced by the victim without any balance.

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