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(영문) 전주지방법원 2015.11.26 2015고단734
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

"2015 Highest 734"

1. The Defendants: (a) around September 2008, the Defendants were married couple; and (b) from around September 2008, there was a debt amounting to KRW 920 million including bonds due to the difficulties of the corporate bond business and entertainment tavern business that Defendant A operated from around September 1, 2008; and (c) there was no particular property or income; and (d) from around 2013, the Defendants continued to be unable to return money due to excessive debts, such as continuing to lend money to others for the purpose of operating the business because the three Deputy Business newly launched by Defendant A and the medical machine sales business that Defendant B operated was unreasonable as expected; and (e) even if they borrowed money, they did not have the intent or ability to repay money, they were to receive money from others as a loan or loan, and attempted to acquire

Defendant

B around July 10, 2013, at the sales office of medical device “F,” operated by the Defendant located adjacent to the E in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the copy of the register of the land H is presented to the victim G (hereinafter referred to as “F”), and the Defendant A made a false statement to the effect that “I would pay monthly interest every month with her husband’s business revenue if I lend money with her husband’s business funds to conduct real estate consulting business.” The Defendant A made a real estate consulting business with the above victim, “I would like to sell real estate at a cost with a successful bid for the real estate and create profits by disposing of the real estate. I will lend money to purchase the land located adjacent to the copy of the register.”

However, the Defendants had no intention or ability to repay money within the agreed-term, even if they borrowed money additionally, since they had already been prevented from returning money due to excessive debts.

The Defendants, as such, deceiving the victim, received 40 million won from the victim to the Agricultural Cooperative Account (Account Number J) of I on the same day.

(b).

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