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(영문) 의정부지방법원 2019.05.03 2018고단5049

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 2014, 2014, the Defendant: (a) concluded a false statement on December 12, 2014 with the victim C at the Defendant’s B office operated by the Seocho-gu Seoul Metropolitan Government B office located in a Buddhist place not exceeding Seocho-gu, Seocho-gu, Seoul Special Metropolitan City (hereinafter “Seoul Metropolitan Government B office”); (b) stated that “E, which entered into a supply contract with D cooking, intends to discontinue to engage in the bedclothes supply business because it has no funds. If E pays performance bond of KRW 50 million paid to B, E would be able to obtain the receipt

However, even if the defendant received the above money from the victim, he was only willing to use the money as operating expenses of the F business that he operated, and there was no intention or ability to allow the victim to take over the above bedclothes supply business from E because E did not want to discontinue the bedclothes supply business.

Nevertheless, on December 19, 2014, the Defendant received KRW 5,000,000 from the Defendant’s relative G account via the account transfer from the Defendant’s relative G, and received KRW 50,000,000 in total on seven occasions from around that time to January 2015 by the aforementioned method, as shown in the attached crime list.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. Around May 2015, the Defendant concluded that “Around May 2015, the Defendant would borrow KRW 10,000,000 from the office of a household company operated by the victim of the victim at H in the Nam-si, Namyang-si, the Defendant would return the FR to the profits by obtaining a loan of KRW 10,00,000 from the office.”

However, the defendant did not have a specific plan to sell the FM stock at the time, and there was no other profit, and since the amount of tax in arrears is over KRW 70,000,000, there was no intention or ability to repay it even if he borrowed the above money from the victim.

Nevertheless, on May 19, 2015, the Defendant was the chief Dong in South-gu, Gyeonggi-do.