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(영문) 인천지방법원 2015.01.28 2014고단6861
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

1. On September 2009, the Defendant: (a) at a cafeteria with the mutual name “E” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) on September 1, 2009, the Defendant was required to take over an entertainment drinking house of KRW 50 million from the victim C; (c) at a bank, the Defendant offered security to obtain a loan from the bank so that the Plaintiff may obtain a loan from the bank; (d) the Defendant begins the interior work and the construction will begin immediately after the completion of the construction with the loan of KRW 16 million from the bank located in the high seas; and (e) the Defendant would have repaid all the main revenue within three months after the commencement of the business with the main revenue; and (e) even if the funeral service is not well-grounded, it would have to incur any problem to the trust of the Plaintiff who has received a new loan from the business operator and repaid all the previous loans.”

However, at the time, the Defendant (1) paid KRW 5 million to the lessor G, among KRW 5 million of the rent deposit for an entertainment drinking house “F” and did not pay the remainder of KRW 4.5 million. (2) around June 2009, the Defendant shows a forged real estate lease agreement in which the deposit amount was indicated as KRW 5 million, and it is necessary that money should be paid because it would have to be performed within a restaurant, and it would have to be repaid for three months since it would have been repaid for 100 days on a 3-month basis. In short, the Defendant borrowed money from H to the effect that it would have not repaid the remainder of KRW 5 million on July 1, 2009 and KRW 1 million on July 22, 2009 (the remainder of KRW 300,000,000,000,0000,000,0000,0000,000,000).

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