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(영문) 수원지방법원 성남지원 2021.01.19 2020고단149

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s defraudation of KRW 30 million at the representative director office of the C Co., Ltd. located in Geumcheon-gu Seoul Metropolitan Government around October 2013, and through D, “the Defendant is urgently required to pay money.”

The Defendant made a false statement to the effect that “it is possible to repay within a prompt time, if only KRW 30 million is lent to the Defendant.”

However, in fact, the defendant did not have any intention or ability to repay even if he did not have any particular property and borrowed money from the injured party, because he did not file a complaint from G with respect to the act of causing monetary loss to G in the process of the construction of the FF apartment in Chungcheongnam-si, and completed a written agreement with G on the condition that he would pay KRW 3 billion.

As above, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim as the loan money on October 13, 2013 from the victim and acquired it by fraud.

2. On November 201, 2013, the Defendant made a false statement to the effect that “The above victim E calls the above victim E to lend an additional amount of KRW 70,000,000,000,000, including KRW 30,000,000,000,000,000,000 prior to borrowing, will be repaid until March 31, 2014.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the damaged person, such as the above paragraph 1.

As above, the Defendant, by deceiving the victim as above, received KRW 70 million from the victim as the loan money on November 28, 2013 from the victim and acquired it by fraud.

3. On December 2013, 2013, the Defendant, by phone to the above victim E, is carrying on a commercial building implementation project in a subdivision, and the project fund is needed.

In addition, a false statement was made to the effect that “to repay a total of KRW 165 million up to June 30, 2014, including KRW 100 million borrowed prior to loaning KRW 65 million.”

However, the defendant is guilty.