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(영문) 창원지방법원 통영지원 2018.03.07 2017고단1750
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On August 24, 2017, the Defendant was sentenced to a suspended sentence of one year in four months of imprisonment for fraud in the Changwon District Court’s territorial branch, and the said judgment became final and conclusive on September 1, 2017.

[Criminal facts] From February 2013, the Defendant is a person who operated a branch of CJ agency from the first floor of building B in Ulsan-gu, Ulsan-gu, Seoul-do.

On April 19, 2015, the Defendant calls to the victim D who became aware of the fact that the Defendant entered into a system for identifying the location of a substitute ship with the Defendant’s agent at the site of the land on April 19, 2015, and does not bring about any problem at the present CJ.

Along with the loan of KRW 20 million as it is necessary to pay money at the her husband’s hospital expenses, the monthly salary of the employee, office operating expenses, and the husband’s hospital expenses. By July 15, 2015, the loan made a false statement to the effect that the payment is to be made by July 15, 2015, and that 30 million won will be made.

However, at the time, the Defendant was unable to pay the monthly rent of the house at the home-based dispatch company's head office, and the head office attached approximately KRW 20 million due to the delinquent tax, and the cost of home-based distribution was not paid normally from the head office of the home-based dispatch company's head office, so the Defendant did not pay wages to the employees of the home-based dispatch company. From November 201, 2014, the Defendant paid only part of the interest to some creditors while paying a loan exceeding KRW 150 million in total from others. Since the Defendant's deposit claim was seized for about KRW 80,00,000,000 from others, there was no intention or ability to change it normally even if he borrowed money from the damaged party.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on April 20, 2015 to the Agricultural Cooperative Account (Account Number: E) under the name of the Defendant, and received KRW 30 million in total on three occasions from August 13, 2015 from that time to that time, as shown in the list of crimes in the attached Table.

(i) the evidence;

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