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(영문) 서울북부지방법원 2019.09.04 2018고단2199

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From November 4, 2013 to July 2016, the Defendant served as the place of business of C Co., Ltd. located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

On December 2, 2013, the Defendant made a false statement to the victim E, who is an employee in charge of business, that “If the bank lends 45 million won due to lack of advance payment incentives to a new customer, the bank will pay 5% per annum and the principal will be repaid until April 30, 2014.”

However, in fact, the Defendant had previously been working as a sales member of the Category C Company in order to compensate for the damages incurred to the Company due to dumping, selling, selling, or selling at a discount exceeding the designated discount rate, etc., and only 1.5 million won per month interest was paid on a monthly basis, and the Defendant had to pay to the Company at least KRW 1.5 million, and the obligation to pay to the Company was at least KRW 40 million. In order to meet the sales performance allocated by the Company, the Defendant had no intention or ability to pay the said obligation even if he/she borrowed money from the victim under the pretext of the loan.

On December 2, 2013, the Defendant: (a) by deceiving the victim as above; (b) received KRW 30 million from the F account (G) in the name of the Defendant; and (c) KRW 15 million from the corporate bank account (H) in the name of the Defendant; and (d) received KRW 45 million from the victims, from August 18, 2014, an aggregate of KRW 60 million from the victims on the pretext of borrowing money, etc., as indicated in the attached list of crimes, at that time, until August 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes to each bankbook and credit information reply letter;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The types of recommendations according to the sentencing criteria;