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(영문) 창원지방법원 2019.07.12 2018고단2419

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment for criminal fraud at the Daejeon District Court on April 2015, and the judgment became final and conclusive on June 24, 2015.

【Criminal Facts】

The defendant is a person who actually operated the D Co., Ltd. in Sungwon-si building C, Sungwon-si. The victim E is a representative director of the above company.

On June 10, 2013, the Defendant made a false statement to the victim at the Jinwon-si Jinwon-si branch of the FF association, stating, “The Defendant borrowed money from the Defendant to receive the tegrative loan from the company’s operating capital.”

However, in the past, the Defendant was running G Co., Ltd., who repeatedly repaid money to another person in order to repay his personal debt that he had been incurred. The above money borrowed from the victim was also intended to use it as repayment or as the living cost of the Defendant. The company’s operating fund is insufficient and the large amount of debt was borne. Therefore, there was no other intent or ability to repay the above money.

As above, the Defendant was prosecuted to the effect that the Defendant, by deceiving the victim as above, received 7 million won from the F Association account in the name of the victim managed by the Defendant on the same day from the victim, and by deceiving the victim several times from around October 11, 2013, and then deceiving him/her about KRW 44,00,000 from the time to October 11, 2013, but it is difficult to view that the Defendant and the victim acquired 44,00,000,000 if the Defendant and the victim’s statement, etc. (the Defendant and the victim have stated to the effect that the fraud amount is KRW 44,00,000,000) were collected, thereby deceiving the victim in excess of the amount of KRW 44,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. A written agreement, a certificate of borrowing, a card disbursement statement, a D F association account and H bank account statement, E.