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(영문) 수원지방법원 안양지원 2013.04.17 2012고단1090
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant, while operating C and D, became aware of the victim E who suffered side management at the same time, and became aware of the victim F, her husband due to introduction to E.

The defendant did not have any particular property or income at that time, and as the above company's income at the early stage of the business was unclear, there was no intention or ability to repay it even if it borrowed money from the victims.

1. On June 201, the criminal defendant against the victim F made a false statement to the victim F, stating, “If the victim F serves as an internal director of a stock company C, and loans KRW 50 million with business funds, the victim would pay in installments each month including the principal and interest for the 12-month period from the second month following the second month, and pay 20% of the profits if the company proceeds.”

However, as above, the defendant did not have any specific property or income at the time, and even if he borrowed money from the above victim because the profit of the management shop was in an unsound state, the defendant did not have any intent or ability to repay it.

As such, the Defendant, by deceiving the said victim as above, received from the said victim a transfer of KRW 20 million on June 20, 201 and KRW 30 million on June 22, 201 of the same month to the Jeju bank account under the name of the Defendant, as the borrowed money.

2. Fraud to victims E;

A. On July 15, 2011, the Defendant concluded that “The Defendant would have contracted for a house to be a director” with the victim E, who is the wife of the said F, that “The Defendant would have paid down the down payment due to the shortage of money. If the house was previously live, the amount would be repaid in one month if the house was leased KRW 20 million.”

However, in fact, the defendant did not remain after deducting the deposit of the house which was already in existence from the close monthly income, and even if he borrowed money from the above victim due to no particular property or income, he did not have an intention or ability to pay it within a month.

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