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(영문) 서울동부지방법원 2017.05.17 2017고단73

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

[Criminal Records] On December 1, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court for the same month.

8. The above judgment became final and conclusive.

[Criminal facts]

1. On October 10, 2008, the Defendant lent KRW 50,000,000 as business funds to the victim E at the D office located in Seocho-gu Seoul Metropolitan Government D office around October 10, 2008. The Defendant paid the interest of KRW 5,00,00 per month, and the principal will be repaid later.

The phrase “ makes a false statement.”

However, in fact, F Co., Ltd., at the time when the defendant was operated, failed to pay the amount equivalent to 75,000,000 won of retirement allowance to employees in time, and there was no financial standing, and even if the defendant was requested from the injured party to pay the principal, he did not have any intent or ability to pay the principal.

Nevertheless, the Defendant was transferred to the bank account in the name of F Bank in the name of F Bank under the pretext of borrowing KRW 49,250,000, which was deducted from the victim by deceiving the victim as above and deducting the interest for one month from the victim.

2. The Defendant, at the same place on June 1, 2009, extended the amount of KRW 50,000,000 to the above victim at the same place as “if the business funds need to be added, the principal will be paid at one and five per month as in the previous one and the principal will be repaid later.

The phrase “ makes a false statement.”

However, as seen earlier, the Defendant did not have any intention or ability to repay the principal even after receiving the demand from the injured party.

Nevertheless, the Defendant, as seen above, was transferred to a corporate bank account in the name of F Co., Ltd. under the pretext of borrowing KRW 49,250,000, which was deducted from the victim by deceiving the victim and deducting the interest for one month from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of the text of the judgment), and application of the statutes of the judgment;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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