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(영문) 부산지방법원 2015.09.09 2014고단10122
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 10122] On October 2013, 2013, the Defendant made a false statement that “The Defendant would purchase 200 million won of the fund to purchase 200 million won of the fund to purchase 200 million won of the fund to use 30 million won of the fund to pay 4,438,790 won of the principal and interest every month to the relevant bus for 60 months.”

However, the defendant was thought to use the loan from the victim company for the establishment cost of the company or the repayment of personal debts, and the defendant purchased the used bus with the loan and did not have the intention or ability to establish a collateral security for the victim company.

As above, the Defendant, by deceiving the victim, received KRW 200 million from the victim, via the Busan Bank Account (D) in the name of C on October 31, 2013.

[2015 Highest 822] On November 27, 2013, the Defendant made a false statement to the effect that “In-house H(H) will take over the victim’s work at the G commercial office in Kimcheon-si, Kimcheon-si, the Defendant would take over the Plaintiff’s “in-house H(H).” The contract had already been paid to I representative of H(H) with a down payment amounting to KRW 50 million when the contract was canceled, would have a big degree when the contract was canceled, and would have a loan be made so that the borrower would be given a loan.”

However, in fact, the Defendant did not enter into a company transfer contract with H(I) or paid the down payment, and not only did the Defendant have any specific property at the time, but also did not have any intent or ability to change the name of the lender or to repay the loan even if he received the loan under the name of the victim, on the ground that he did not intend to use the loan in return for the repayment of the existing debt.

On November 29, 2013, the Defendant had the victim apply for a loan of KRW 180 million in the name of the victim to Hyundai Macks social (State) around November 29, 201.

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