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(영문) 인천지방법원 부천지원 2020.05.13 2019고단4309
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around November 21, 2007, the Defendant called “I will pay 50,000 won including interest if I lend 100,000 won when I lend 30,000 won to the victim,” by phone to the victim D, who is a branch in the C’s office of the Defendant’s operation of the Defendant at Jeju-si, with the statement that “I will pay 5,000 won including interest, if I lend 50,000 won to the victim, I will give the victim a more sufficient amount of interest by January 10, 2008. If I want to lend 50,000 won to the victim, I will give a more sufficient amount of interest on the bank.” If I will not pay by the due date, I would like to give a loan certificate or cash custody certificate in the name of the F’s corporate partnership with the representative director.”

However, as the Defendant was unable to borrow a loan in the name of the CFF due to failure to perform the export process promoted by CFF in January 207, due to financial statements, etc., it was difficult for CFFF to do so under the name of the representative director E, who is an employee of CFFF, and the said FFFFF would not have any particular financial capacity. However, even if the Defendant was to bear a debt of KRW 100 million or more to the existing business entity and borrow money from the victim, the Defendant did not have any intent or ability to fully repay the principal and interest as agreed.

Nevertheless, around November 21, 2007, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative (G) account in the name of the Defendant, and received KRW 50 million in total six times until December 31, 2007, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of the certified transcript of corporate register, A account transaction details, copy of a loan certificate, and copy of passbook A;

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

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