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(영문) 수원지방법원 안양지원 2019.02.20 2018고단1995

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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 operates a human resources supply and demand business with the trade name “C” in Ansan-gu B.

1. On March 18, 2017, the Defendant against the victim D made a false statement to the victim D, “If the Defendant lends KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, in fact, the Defendant had existing liabilities, such as bank loans 20 million won, loan 15 million won to bond dealers, and even if he borrowed money from the victim as credit bad in credit rating 9, he had expressed his intent to use it for the existing debt repayment and living expenses, not for the corporate fund. The Defendant did not have the intention or ability to establish the corporate body, and did not have the ability or intent to repay the borrowed money to the victim.

The Defendant, by deceiving the victim, received KRW 20 million from the victim’s account in the name of the Defendant around April 24, 2017.

2. Fraud against victim F;

A. A. Around June 2017, the Defendant called the Victim F to the victim F and called “A company is unable to make it difficult for the Defendant to pay wages to those who work. First of all, the Defendant paid benefits to the company, and later paid money from the company. Even if Monson’s day, the Defendant would repay money to the company up to October 31, 2017 without a mold.”

However, the defendant had the intent to use the money as a living expense, not the employee's benefits, because the defendant has a large amount of debt and the financial situation makes it difficult for the defendant to pay the borrowed money to the victim.

The Defendant, by deceiving such a victim and deceiving it from the victim, to the E account under the name of the Defendant, KRW 3 million around June 12, 2017, and KRW 3 million around July 14, 2017.