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(영문) 창원지방법원 2020.10.15 2019고단3687

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is working together as a workplace club in Gangseo-gu Busan Metropolitan Government Co., Ltd., a steel plate processing company in Busan Metropolitan City, and became aware of the victim D and the victim E.

1. On April 12, 2016, the Defendant stated to the effect that, within the victim D’s car stopped near the latter part of the said company, the Defendant “it is intended to establish and operate independently metal processing companies such as Co., Ltd., Ltd., and, due to the shortage of funds, the establishment cost would be paid to the victim by adding the interest and earnings to the principal as the profits would accrue.”

However, in the absence of any other property, the Defendant did not have the intent or ability to establish and operate a metal processing company immediately after the commencement of the individual rehabilitation procedure due to a debt worth KRW 350,000,000,000, and most of the money that the Defendant received from the victim as the source of investment or loan was considered to be used for living expenses or for repayment of existing debts.

Nevertheless, the Defendant, as mentioned above, obtained a cash of one million won from the victim for the purpose of investment money, etc. in the seat, and acquired it by fraud.

In addition, from that time until November 1 of the same year, the Defendant deceivings the victim five times in total, as shown in the list of crimes (1) of the attached Form, and took over the total amount of KRW 23,300,000 from that time to that time, by means of investment or borrowing, etc.

2. On May 10, 2016, the Defendant told the victim E to the effect that “Around May 10, 2016, the Defendant is able to operate well as to establish and operate a metal processing company, such as a stock company C, independent of the Republic of Korea, as he/she is aware of a large number of business partners due to his/her work experience in F. However, as the fund is insufficient, the Defendant would pay for the establishment cost and operate the company together, thereby adding interest or earnings to the principal as he/she gains.”

(b).