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(영문) 울산지방법원 2020.05.21 2019고단3979
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 31, 2019, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the Daegu District Court and racing support, and the said judgment became final and conclusive on November 8, 2019.

1. On May 2017, the Defendant made a false statement to the effect that “The Defendant would return the total amount of the invested principal to the Defendant, if he/she left the company at any time at any time, at the office in the Dispute Resolution Co., Ltd. office in the second floor of the building B at Sejong-si, the Defendant,” and that “The Defendant would return the total amount of the invested principal to the Defendant, if he/she left the company at any time, at least KRW 30 million,000,000,000,000,000,000,000,000,000,000,000,00

However, in fact, the Defendant was planned to use the investment funds received from the victim for the repayment of personal debt, not for the management funds of the company, and the Defendant did not have the intent or ability to return the investment principal to the victim at any time as agreed by the victim.

The Defendant was transferred from the victim to the account of community credit cooperatives in the name of the Defendant, KRW 5 million on May 30, 2017, KRW 5 million on June 2, 2017, KRW 18 million on June 5, 2017, and KRW 2 million on June 7, 2017.

Accordingly, the defendant was given property worth KRW 50 million by deceiving the victim.

2. Around June 30, 2017, the defrauded made a false statement to the effect that “Around June 30, 2017, the Defendant would make a repayment after one week if he/she lends money to the victim in return for a heavy and high-class loan.”

However, in fact, the Defendant was planned to use the money borrowed from the victim for the employee’s pay and the payment of the existing outstanding amount. However, even if it was a situation in which the Defendant was obligated to pay 70 million won including financial institutions at the time, it would be willing to pay the money within one week even if the Defendant did not have certain income or assets and borrowed money from the victim.

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