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(영문) 광주지방법원 2015.09.01 2015고정993

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On December 23, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two months at the Gwangju District Court (2014dan3351, etc.) and dismissed the appeal filed by the Defendant and the prosecutor on March 20, 2015, and the said judgment became final and conclusive.

【Criminal Facts】

1. On September 3, 2013, around September 3, 2013, the Defendant made a false statement to the effect that “Around September 3, 2013, the Defendant would have a long-term siren, which is the representative of the D Company in the city of Gwangju, would have a KRW 5 million deposit, KRW 5,000,000 per month, KRW 590,000 per month, and KRW 100,000,000,000 of the second and second prices after two years.”

However, in fact, the defendant was merely an employee of the D company, and the defendant was also not the representative of D company, and the defendant was also a long-term siren from D and was not paid rent to the above company at the time. Thus, even if the defendant was paid the security deposit from the victim, he did not have an intention or ability to allow the victim to take over the above car as he promised to do so.

The defendant received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the defendant as the same day deposit.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 10, 2014, the Defendant was guilty of fraud, and around January 10, 2014, at the place indicated in paragraph (1) around January 10, 2014, the victim C is the representative of D Company, and the company will make a lot of profits if it is operated together.

Since there is a shortage of money to cover operating expenses, such as expenses for opening a company website, 114 registration fees, etc., 4 million won shall be loaned from the Hyundai Savings Bank in the name of the new bank and later repaid money.

The term "assumed" was referred to.

However, in fact, the Defendant was merely a business employee of the D company and was not the representative at the time, and was unable to pay the rent for the said company due to its poor business operation, and thus, the Defendant was promised even if he was transferred operating expenses from the victim.