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(영문) 서울중앙지방법원 2013.09.04 2013고단1928

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 35 million won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

1. Fraud;

A. From October 2012, the Defendant made a false statement that “Around the end of Guro-gu Seoul Metropolitan Government, the Defendant would deduct or redeem the Plaintiff’s business directors D and funeral instructors E, who borrowed KRW 15 million from F, a previous company, in order to leave his/her position to C, from the amount of KRW 15 million per month, if he/she borrowed it from F, a previous company that had been working to leave his/her position to C,” and that “I would deduct or redeem the amount of KRW 15 million per month.”

However, in fact, even if the Defendant did not lend money from F to the previous company, there was a situation in which the Defendant was able to resign from employment. As above, the Defendant was only a plan to consume the money from the victimized company for personal purposes, such as repayment of debt, and there was no intention or ability to repay the debt while leaving his job to the victimized company.

On November 16, 2012, the Defendant, by deceiving D and E, received 15 million won from the victimized company to the new bank account in the name of Defendant A on November 16, 2012.

B. On November 2012, the Defendant made a false statement to the F Office located on the third floor of the Geumcheon-gu Seoul Metropolitan Government G Building, stating that if the Defendant borrowed money from F to F to the said office, it would be deducted from or repaid every two million won of the previous borrowed money together with the previous borrowed money if he/she borrowed money from F to the said office, and if he/she borrowed money from F to the said office, he/she would have to do so deducted from or redeem it.

However, there was no special loan to be repaid to F in order to resign from employment by the head of other branch office at the time, and the defendant was willing to consume the money borrowed from the victim for personal purposes, such as the repayment of debt, and there was no intention or ability to repay the debt while working as the injured company normally.

On November 26, 2012, the Defendant, by deceiving D as above, received 20 million won from the victimized Company to the new bank account under the name of Defendant A, under the name of Defendant A.

Accordingly, the defendant 3.0% from the injured company over twice.