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(영문) 부산지방법원 2020.12.17 2020고단1691

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2013, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Busan District Court on September 6, 2013, and the judgment became final and conclusive on October 31, 2013.

The Defendant operated the Plaintiff Company C in Busan Fri-gu, but whose sales revenue has significantly decreased due to the strike of D Co., Ltd., which is the principal customer, due to the aggravation of financial resources due to the Plaintiff’s default, and in April 2010, the Defendant purchased two high-class automobiles in installments at KRW 270 million, and immediately returned to the Plaintiff, and was convicted of being convicted of fraud, etc. as above. The Defendant was unable to pay the total amount of KRW 70 million of wages and retirement allowances of employees around May 2010, and was also liable to pay a large amount of liability, and thus, the Defendant did not have any intent and ability to pay the same even if he borrowed money from another person.

1. On May 19, 2010, the Defendant enticed the victim H by discounting a promissory note of KRW 50 million from G point of G located in the Seo-gu Busan, Seo-gu to the effect that the Defendant would have to pay money to the victim H by August 25, 2010, which is the full payment date of the Promissory Notes. The Defendant, around May 19, 2010, remitted the amount equivalent to KRW 9 million from the Defendant’s agricultural bank account in the name of the Defendant to the Defendant’s agricultural bank account in the same place, and acquired the amount equivalent to KRW 24 million from the Defendant’s household check as the borrowed money.

2. On May 19, 2010, the Defendant, through I around May 19, 2010, knew the victim H to the effect that he would be paid a discount on the total amount of promissory notes with a KRW 50 million already entrusted to the victim H. In this context, the Defendant, through I around May 19, 2010, wired the amount equivalent to KRW 10 million to the agricultural bank account in the name of the Defendant via I through I for the borrowed money.

3. The Defendant is located in Geum-gu, Busan around June 1, 2010.