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(영문) 광주지방법원 2019.05.24 2019고단680
사기
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On September 14, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Gwangju District Court for six months, and the judgment became final and conclusive on the 22th of the same month.

【Criminal Facts】

1. On November 2009, the Defendant told the victim D to “I would pay back immediately if I want to purchase apartment units, and I would have borrowed money from part payments.”

However, in fact, the defendant did not prepare for the purchase of an apartment, and tried to repay the defendant's debt with the money borrowed from the victim. The debt incurred in the reorganization of the company reaches KRW 100 million, and there was no intention or ability to pay the money to the victim from time on the ground that there was no particular income.

Nevertheless, the Defendant, as seen above, by deceiving the victim and by deceiving the victim from the victim to the corporate bank account under the name of the Defendant, took over KRW 10 million around November 27, 2009, and KRW 5 million around June 1, 2010 from the victim to the corporate bank account under the name of the Defendant, and acquired it by fraud.

2. On January 2013, 2013, the Defendant stated that “E” would be repaid upon the victim’s entry of payment to the company in which the Defendant is working.

However, the Defendant, after reorganization of a business entity, continued to receive a demand for repayment of the obligation by the time, failed to pay the victim’s personal debt instead of using the money borrowed from the victim as the operating fund of the “E”, and the business entity’s circumstance, “E”, was not a situation in which the Defendant was able to make a loan even if the settlement price enters because it is not good enough to the extent that the Defendant is unable to pay benefits for a few months, and there was no particular

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him/her from the victim on January 21, 2013, KRW 5 million around February 25, 2014.

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