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(영문) 수원지방법원 2018.08.09 2017고단8032

사기

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 2010 to 2010, the Defendant had been operating a distribution company of promotional products B, and from 2014 to c, a company manufacturing special products C, a corporation. However, as the supply of promotional products to D Co., Ltd. was suspended in early 2014, the Defendant experienced serious financial difficulties such as shortage of office operation expenses.

1. On January 2015, the Defendant would return KRW 22,00,00,00,000 including the principal, to the victim F (hereinafter “F”) of the fifth floor office of the building in Gangnam-gu Seoul E, Seoul, and to the victim F (44 years) of the purchase price of special commodities, in one month, if the purchase price of special commodities is paid.

‘Request to lend money'.

However, the defendant, whose money was insufficient at the time, did not have the intention or ability to return KRW 22 million within one month as agreed, and the money received was thought to be used as the repayment of interest on the existing debt or the office operating expenses.

On January 16, 2015, the defendant deceivings the victim by the above method, and he received 20 million won from the victim to the post office account in the name of the defendant from the victim and acquired it by money.

2. On January 2016, 2016, the Defendant: (a) at the Haman-si Handong G Building H heading office, the Defendant: (b) on the part of the said victim, the said victim entered a good order; (c) on the part of the said victim, the principal and interest was paid in one month; (d) the principal and interest was paid in one month; and (e) the sales promotion was operated in one month; and (e) the employees necessary for the operation may also be employed to sell the promotion products.

‘Request to lend money'.

However, the defendant did not have the intent or ability to repay according to the promise, and was thought to be used as employee's retirement or office operating expenses.

The Defendant deceivings the victim by the foregoing method, and by deceiving the victim, he/she acquired KRW 15 million from the victim on February 1, 2016, and KRW 35 million on February 26, 2016 from the victim to C’s corporate bank account, and acquired KRW 50 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1.The police of F. F.