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(영문) 대구지방법원 서부지원 2013.05.28 2012고단1517
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant jointly operates a “E company”, which is a cement congested production company in Daegu-gun D, along with C (Detention Prosecution, June 21, 2012). The Defendant has been in charge of the management of funds and product experiments, etc. as the “representative,” and C as the “head,” in charge of external business and trade management, etc.

In fact, around May 2010, the above "E company" was liable for a debt of approximately KRW 600 million with loans and loans, and it is in fact difficult to pay interest on the above loans and loans with operating profits, making it difficult to continue to increase the debt without profits, and thus the defendant and C were willing to borrow money from the victim F even though they did not have the intent or ability to repay the borrowed money even if they borrowed money from the victim F.

1. From May 2010 to May 17, 2010, the Defendant received from the victim a remittance of KRW 80 million from the victim to the Daegu Bank account (G) of the Defendant around June 17, 2010, on the ground that, at the coffee shop where it is impossible to find out the trade names in the main Dong-dong of Daegu-gu, Daegu-gu around 2010, the Defendant stated that the victim F was “I would be able to pay 30 million won interest on the case where the business funds are temporarily insufficient in order to expand the business to Seoul, and where the business funds are needed to expand the business to the Seoul metropolitan region.”

2. On August 20, 2010, the Defendant would pay the victim F 3% interest per month if he/she lends business funds to C and the victim F, provided that the name on August 20, 2010, which was in the name of the Daegu-gu dead electric street, is unknown.

At the beginning of each year, Seoul factory is almost completed and the process of preparing the project is about 10 months;

H said that a person who was a mixed fire partner can recover from the E company, even if he or she is well aware of our test Seoul and even if he or she is dead, the E company can recover from it.

‘Falsely speaking', the victim is above the defendant around August 31, 2010.

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