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(영문) 서울중앙지방법원 2017.05.11 2016고단8222
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant of "2016 Highest 8222" is the representative director of C of the Co., Ltd., who is the defendant, and on December 2012, 2012, the defendant is planning to run the scrap metal business" to the victim D until January 20, 2013, if he/she lends KRW 100 million to the victim D.

“.........”

However, in fact C was suffering from serious financial difficulties, such as failure to pay office rent, transaction partner price, employee salary, and employee salary, and the Defendant did not have any plan to conduct the scrap metal business, but did not have any intent or ability to pay the full amount until January 20, 2013, even if he/she borrowed money from the injured party and borrowed money from the injured party due to no particular income or property at the time.

The defendant deceivings the victim as above and was transferred KRW 100 million to the account in the name of the defendant around December 21, 2012 from the victim under the pretext of borrowing money.

The Defendant, as the representative director of C Co., Ltd., the Defendant, on February 2012, 2012, will have the F Office located in Jung-gu Seoul, Jung-gu, Seoul, deliver 600 tons of steel bars to the Victim G.

70% of the total steel price is paid in advance, and the remainder 30% is paid at the time of shipment.

I will deliver until May 2012.

“.........”

However, in fact C was suffering from serious financial difficulties, such as failure to pay office rent, transaction partner price, and employee salary, and the defendant thought that he would pay the money that he received from the injured party as the compensation for the steel, and did not think that he would purchase the iron, and there was no intention or ability to deliver the iron even if he did not receive the money from the injured party due to no particular income or property at the time.

The defendant deceivings the victim as above, and around February 3, 2012, around 67,500, and around 100,000, around March 8, 2012.

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