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(영문) 울산지방법원 2020.10.07 2020고단3263

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 1, 2014, the Defendant against the victim B stated that “A victim B, who operates a lottery bank in the French area, is an internal insurance solicitor, and has many small and medium enterprises presidents among customers. In the event of a business item, subsidies are granted from a country to a small and medium enterprise’s funds for business operation funds. If a small and medium enterprise loans funds to the president of a small and medium enterprise to conduct a business item first, subsidies may be paid later. If the president of a small and medium enterprise first lends money to a small and medium enterprise, he/she is entitled to receive a return of money. In the event that he/she first lends money to the president of a small and medium enterprise, he/she shall pay interest on every month and immediately repay the principal to the president of a small and medium enterprise.”

However, even if the Defendant borrowed money to the victim, the Defendant was planning to use the card price or personal debt repayment rather than lending it to the president of a small and medium enterprise, and it was not good economic situation, such as lending money to the person in the form of a "domination" at the time, and repayment of other debts was not good. Therefore, there was no intention or ability to repay to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the CUnion account (D) in the name of the Defendant on the same day. From that time, from February 28, 2018, the Defendant acquired KRW 146 million in total through nine times, as shown in the attached Table 1, from the time to February 28, 2018.

2. On May 28, 2018, the accused against the victim E was the victim E with a large number of small and medium enterprise presidents among customers who were internal insurance solicitors.

In the event of a project item, subsidies are paid from a country to a small or medium enterprise, and if funds are lent to the president of a small or medium enterprise so that the project item can be tested, the amount of subsidies may be returned later.

For the president of the small and medium enterprise, this paper will first.