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(영문) 서울북부지방법원 2013.04.18 2013고단414
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 is a person who has served as a financial director of a corporation B established for the purpose of developing animation content.

1. Fraud;

A. On June 30, 201, the Defendant made a false statement stating that “Around that time, at the E company office of the victim D located in Gwangju-dong-gu, Gwangju-gu, the Defendant’s financial obligations, etc. amounting to KRW 150 million in total, and around that time, the Defendant’s non-listed shares amounting to KRW 150 million in total. Since the aforementioned company’s non-listed shares did not have the value of collateral security due to capital impairment, even if the Defendant offered the above shares to the victim and borrowed the said shares, he did not have the intent or ability to repay the shares at that time, the Defendant would have to repay the amount with interest calculated by 2/50 in total by July 30, 201,”

As such, the Defendant, by deceiving the victim and deceiving the victim, was transferred KRW 14,625,00 to the Defendant’s book of the Bank Account (F) in the name of the victim.

B. On September 9, 2011, the Defendant made a false statement to the effect that, inasmuch as the Defendant applied for credit recovery on September 2, 2011 due to an excessive debt, such as the foregoing provision, he/she did not have any intent or ability to repay the remainder of the victim’s claim, and that, even if he/she additionally borrowed the remainder of the victim’s claim, he/she would have to repay the claim by phone to the victim with the money borrowed before receiving the money from the company.”

As such, the Defendant, by deceiving the victim, received KRW 5 million in money from the Defendant’s new bank account (G) with the name of the victim’s loan loan, and KRW 2.5 million in money from September 30, 201 to the same account around September 30, 201, respectively.

C. On October 14, 2011, the Defendant increased the capital amount of KRW 400 million of the Company’s capital amount to KRW 900,000,000 to the victim, although he/she did not have any intent or ability to repay the same even if he/she borrowed money from the victim’s test.

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