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(영문) 서울중앙지방법원 2020.08.12 2020고단2324

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2019, the Defendant was sentenced to imprisonment with prison labor and one year and eight months at the Seoul Eastern District Court for occupational embezzlement, etc., and confirmed on June 6, 2020.

The Defendant is a person who has been engaged in the business of raising member stores, opening stores, managing funds of member stores, etc. in a victim corporation B (hereinafter “victim company”) established from March 2015 to September 2017 for the purpose of franchise business, etc.

1. Fraud;

A. A. On May 4, 2016, the Defendant made a false statement to the representative director E of the damaged company that “it is necessary to make a criminal agreement by causing an accident. To make a provisional payment one million won per month, each month,” at the office of the Gangnam-gu Seoul building and the damaged company in subparagraph (D).

However, at the time, the defendant did not have a criminal case in progress, and was thought to use the borrowed money as gambling funds, etc., and there was no intention or ability to repay the borrowed money received from the damaged company because there was no excessive debt and no particular property.

The Defendant, as such, by deceiving the above E, received from the Defendant the remittance of KRW 12 million under the name of the F Association account in the name of the Defendant from the said day.

B. Around September 28, 2016, the Defendant made a false statement to the above E at the above damaged company office, stating, “In order to ensure that winning a lawsuit is certain but no longer reliable due to a civil procedure, an additional attorney’s appointment is required. If the attorney’s fee is lent, the Defendant would have to repay the fee with the agreed amount according to the winning.”

However, at the time, the defendant did not have a civil case in progress, and was thought to use the borrowed money as gambling funds, etc., and there was no intention or ability to repay the borrowed money received from the victimized company because there was no excessive debt and no particular property.

As such, the Defendant deceivings the above E and is therefore affiliated with the FF Association account under the name of the Defendant on the same day.