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(영문) 창원지방법원 통영지원 2019.07.25 2018고단913

사기

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for embezzlement at the Changwon District Court’s branch on April 12, 2018, and the judgment became final and conclusive on September 13, 2018.

【The Defendant is an operator of C, a corporation that produces the voting, etc. at the time of the voting, with an office located in B at the time of passing the voting, and the victim D is a person who served as an accounting employee of the above company from June 28, 2016.

Around July 25, 2016, the Defendant recommended the victim to purchase real estate of 1517 square meters in the FY, which was owned by the Defendant under the name of Chokdong, and concluded a sales contract to sell the said real estate to the victim of KRW 220 million. The Defendant paid KRW 80 million to the victim in cash. However, the payment of KRW 140 million in the remainder of the secured debt amount of KRW 156 million in the secured debt amount of KRW 120 million in the said real estate and KRW 20 million in the E’s credit loan amount of KRW 20 million in the name of the said association was substituted by the victim.

On September 7, 2016, the Defendant had the intent to obtain money from the victim who is not in operation funds of C Co., Ltd., and transferred KRW 20 million to the victim from the above office on the same day on the same day, he/she would have repaid credit loans in the name of E, and succeed to KRW 120 million as the secured debt of the above secured mortgage.

‘False speech' was made.

However, the Defendant, at the time, did not only have sufficient financial conditions to the extent that he could not pay the monthly salary of the employees of C at the time, but also did not have any other income. On the other hand, the Defendant was planning to use the loan borrowed from financial institutions such as H for operating funds of the said company for approximately KRW 2 billion, and there was no intention or ability to repay credit loans in the name of E even if he received KRW 20 million from the victim.

Nevertheless, the defendant is the victim as above.