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(영문) 수원지방법원 2015.09.23 2015고단2492

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around September 2009, the Defendant against the victim C said that “B currently has been in office as a manager at a plastic outlet and is a decision-making authority that can make payments to the subcontractor. It is necessary to separately operate a private-use plant by purchasing a private-use machine through the subcontractor, and if it is lent, it would be possible to pay the principal with approximately 10% interest and earnings.”

However, the Defendant was unable to operate a separate withdrawn plant without the permission of the “E” company working at the time, and even if receiving the money from the victim, the Defendant was thought to have repaid the money borrowed from other persons or used the money as the Defendant’s living expenses, etc., and the Defendant was thought to have borrowed the money from other persons under the same name and continued to borrow the money with the victim’s awareness of a partial repayment of the borrowed money and with the victim’s awareness, so the Defendant did not have any intent or ability to pay the principal and the profits to the victim by purchasing the withdrawn machine and operating the withdrawn plant.

Around September 18, 2009, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the corporate bank account under the name of the Defendant and received transfer of KRW 27 million from that time to December 23, 2011, and received a total of KRW 164,894,690 from that time, as shown in attached Table 1.

2. Around November 2010, the Defendant: (a) around November 2010, at a cafeteria located in Gyeonggiwon-si, the Victim F, “in this country, the Defendant served as a business employee in plastic manufacturing company; (b) installed machinery and equipment in another company’s factory with the company’s error and generated profits therefrom.

It is also necessary to install machinery and equipment more as well as business.