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(영문) 창원지방법원 진주지원 2020.05.21 2019고단1272

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On September 6, 2017, the Defendant was sentenced to imprisonment with prison labor and six months at the Suwon District Court for fraud, and the above judgment was finalized on the 14th day of the same month.

【Criminal Facts】

1. Around March 2015, the Defendant: (a) stated in the Seoul Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government Office E-E office for the Dispute Resolution Co., Ltd., that “The Defendant would receive loans from the victim B by means of bills discount, third-party loan, guarantee insurance loan, LC loan, etc.; (b) the expenses incurred in receiving the loans are changed.”

However, even if the defendant received the money from the victim, he was thought to use most of the money for personal purposes, such as living expenses, and there was no intention or ability to use the money as notified to the victim or to receive the loan for the victim.

Ultimately, around April 3, 2015, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the G Union account (H) in the name of the Defendant, and obtained KRW 30,750,000 in total over 10 times from March 8, 2015 to June 25, 2015, as shown in the attached list of crimes (1).

2. Around October 2015, the Defendant entered into a contract with the victim on December 24, 2015, under which the victim I would find L, Inc. located in K of the Gangseo-gu Seoul Metropolitan Government J building, and introduce himself, as the president of E, to hear the lawsuit that the management of the victim company is difficult, to purchase the above company, and to introduce himself/herself, and to make a joint management agreement with the victim and pay the acquisition price within two months.

On December 24, 2015, the Defendant continued to said that “the funds to be urgently used shall be repaid to the victim at the office of the said L Co., Ltd. by November 2016, if the funds are lent to the victim.”

However, the defendant is a victim of money.