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(영문) 서울서부지방법원 2019.11.27 2019고단3258
사기
Text

A person shall be punished by imprisonment with prison labor for ten months for a crime set forth in Article 1 of the judgment of the defendant, and imprisonment with prison labor for six months for a crime set forth in the judgment.

Reasons

Punishment of the crime

On January 19, 2018, the Defendant was sentenced to two years of suspended sentence in the Seoul Northern District Court on August 27, 2018, and the judgment became final and conclusive on January 27, 2018.

1. Around December 2017, the Defendant: (a) stated that “Around December 2017, the victim T is the representative of the Dispute Resolution Co., Ltd., which has the authority to supply the U.S. base; (b) currently, U.S. welfare team attached to U.S. military welfare team, provided that an additional increase is required to secure electric bicycles and U.S. beef supply products; and (c) if a loan of KRW 150 million is lent, the Defendant would be entitled to share and operating rights in the supply of electric bicycles and U.S. beef.”

However, in fact, the defendant did not enter into a contract for the supply of electrical bicycles or U.S. beef supply with the U.S., and the defendant did not have a code that can supply the U.S. base, and the defendant did not think that the defendant would use the money received from the victim as the fund for the operation of the company in the situation where the operation fund of the K.A.D. is insufficient, and the defendant did not have any intent or ability to use the money as the fund for the operation of the company, and did not have any intent or ability to use it as the fund for

Nevertheless, the Defendant, by deceiving the victim as above, received cash KRW 50 million from the victim around that time, and received KRW 70 million from the E-cooperative account (V) in the name of the Defendant, and received KRW 30 million on December 28, 2017 from the E-cooperative account in the name of the Defendant, and acquired KRW 150 million in total.

2. Around August 2018, the Defendant: (a) stated that “Around May 2018, the Defendant would have obtained a loan from WW to 15 billion won; (b) however, the head of the headquarters in charge of loan calls for KRW 10 million in return for granting a loan; (c) the head of the headquarters shall deposit KRW 10 million in the X-type account; and (d) the Defendant would have repaid the amount transferred.”

In fact, however, there was no application for a loan in W, and X was a female employee of the LAD, and the defendant was in the situation where the operating fund of LAD is insufficient.

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