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(영문) 의정부지방법원 2014.02.13 2014고단51

사기

Text

A defendant shall be punished by imprisonment for one year.

except that 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

[criminal record] On August 11, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud at the Jung-gu District Court on August 11, 201, and the said judgment became final and conclusive on November 12, 201.

[Basic Facts] Around April 2009, the Defendant borrowed KRW 7 million from C and did not repay it after the due date. Around May 2009, the Defendant borrowed KRW 80 million from D and transferred KRW 40,000 to D the lease deposit claim for the F office located in Seocheon-si E and operated by the Defendant.

In addition, around May 2009, the Defendant borrowed KRW 220,000 from G to bear the same amount of debt, and around June 2009, the Defendant provided the above F Office’s claim to refund the lease deposit of the F Office’s above F Office that had already been transferred to D as security without notifying H of the fact of transfer, and failed to repay it even after borrowing KRW 30,000 from H. On July 2009, the Defendant borrowed KRW 22 million from I but failed to repay it.

【Criminal Facts】

1. On July 17, 2009, the Defendant made a false statement to the victim L at the K General Law Firm Office in the jurisdiction of the Council of the Government of the Government on July 17, 2009, stating that “The Defendant would pay KRW 55 million at a discount, and pay KRW 50,60,000,000 at a face value as of September 23, 2009, the due date for the payment of a promissory note, to the victim L without covering the face value of KRW 55,00,000,000 at face value.”

However, in fact, the defendant did not have any specific income even in F where the balance of the passbook was over KRW 100,00,000 at the time, and there was no intention or ability to pay the amount of the promissory note to the victim even if the promissory note was issued to the victim due to the lack of other assets.

The defendant deceivings the victim as such, and under the name of the defendant, agricultural cooperative under the name of the defendant for the discount of bills from the victim.