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(영문) 대구지방법원 의성지원 2021.02.18 2020고단393
사기
Text

Defendant

A Imprisonment with prison labor for six months and for five months, respectively.

Reasons

Punishment of the crime

Defendant

A on September 14, 2018, the Busan District Court sentenced five years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court on June 28, 2019.

Defendant

B On September 28, 2016, upon being sentenced to two years of the suspension of the execution of imprisonment with labor for a violation of the Punishment of Tax Evaders Act in the Busan District Court on June 24, 2017, the judgment became final and conclusive on August 24, 2017. On June 2, 2017, upon being sentenced to three years of the suspension of the execution of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuing false tax invoices) at the Busan District Court, the judgment became final and conclusive on December 28, 2017. On September 14, 2018, the Busan District Court sentenced three years and six months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on May 9, 2019

Defendant

A and Defendant B planned to establish a company that carries on ship machinery business as a result of the lack of business funds in the operation of “C” and “D” of the vessel parts wholesale retail business, and conspired to obtain money from a large enterprise, such as E and F, by receiving a contract for the supply of a large part of a ship from a large enterprise, or by receiving money under the pretext of investment, as if they were to start the transaction immediately.

1. In accordance with the above public offering, Defendant A, from October 2015 to the victim G, made a proposal for defectiveness in the ship machinery attached business as well as the ship machinery attached business, and made a false statement “to lend KRW 10 million as soon as he/she should purchase the ship machinery attached to the ship”.

However, in fact, the Defendants did not have any intent or ability to repay the borrowed money from the injured party, as they planned to use it for a purpose unrelated to the purchase of subsidiary machines, such as personal debt and living expenses, so even if they borrowed money from the injured party.

Nevertheless, on December 10, 2015, the Defendants deceiving the victim as above and transferred KRW 10 million to the corporate bank account in the name of Defendant B, which was operated by Defendant B on December 10, 2015.

2. Defendant A is the victim as above in accordance with the above public offering.

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