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(영문) 서울남부지방법원 2013.12.12 2013고단539

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who serves as the representative director of D Co., Ltd. established for the purpose of developing and supplying software.

1. On November 2006, the Defendant made a false statement to the effect that “The Defendant would pay 80,000,000 won to the victim E without molding within two to three months on the face of the week lending KRW 80,00,000 from the purchase price of the device.”

However, from the beginning, the Defendant was scheduled to use the above money as the operating fund of D Co., Ltd., which is not the purchase price of the device, and there was no intention or ability to repay the borrowed money to the victim as agreed.

Accordingly, the Defendant, as above, by deceiving the victim as above and referring 24,000,000 won borrowed from the victim around November 16, 2006, to the purchase price of the device, and acquired 80,000 won by deceiving 2,510,000 won on the 20th day of the same month and 53,490,000 won on the 27th day of the same month.

2. On September 19, 2007, the Defendant: (a) at the D office in Guro-gu Seoul Metropolitan Government F, through G, assumed that D Co., Ltd. bears KRW 350,000,000 as debt to KT and KRW 120,000 as debt to KTF. The Defendant made a false statement to the effect that he/she would transfer all of the KT agents managed by D Co., Ltd. by subrogation until June 2008.

However, in fact, under the premise for transferring the obligation to the victim, the Defendant is obliged to fully repay the above obligation of 350,000,000 won with respect to KR as a condition for transferring the obligation to the victim. However, even though the Defendant was unable to transfer the obligation from the beginning to the point of view due to no intention or ability to repay the obligation, the Defendant did not notify the victim of such circumstance.

Accordingly, the defendant deceivings the victim as above and caused the victim to do so on or around September 28, 2007.