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(영문) 수원지방법원 2020.06.12 2020고단729
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court, and the said judgment became final and conclusive on September 22, 2018.

【Criminal Facts】

The Defendant is a person who operates a private teaching institute with the trade name, “Co. B” and “Co. C,” “Co., Ltd.” (hereinafter “Co. D”).

On June 15, 2010, the Defendant: (a) at the school principal of the FF High School in Jungcheon-si, Seoul; (b) “Around June 15, 2010, the Defendant requested the Plaintiff G, the principal of the said school, to grant a loan to the bank and received a definite answer against the loan; (c) the loan is delayed; and (d) at the latest, the amount of the loan is KRW 100 million from KRW 50,000 to KRW 100,000,000; (d) there is a defect that the victim’s surplus funds are not KRW 30,000,000,000,000, the Defendant continued to lend to the victim with the loan within one month; and (e) there is a difference between 20,000,000 won and 60,000,000 won and 30,000 won.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would have used the money borrowed from the bank for other purposes, so the Defendant did not intend to repay the above borrowed money by the date of repayment. At that time, the Defendant had been liable for the amount equivalent to KRW 100,000,000 in operating the said private teaching institute, and there was no ability to repay the borrowed money by the date of repayment because the Defendant had been in arrears with the number

Nevertheless, the Defendant, as above, entered false statements and received 29.4 million won by deducting 600,000 won from the victim’s prior interest as the borrowed money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant;

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