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(영문) 광주지방법원 2018.04.26 2018고단1003
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2016, the Defendant was sentenced to a suspended sentence of 1 year and 2 years of imprisonment for a crime of fraud in support of Sungnam-gu, Suwon Friwon, and the judgment became final and conclusive on August 14, 2017.

The Defendant, a representative of C (former: D Co., Ltd.) and obtained money from the victim E even if he did not have the intent or ability to properly repay the money, by deceiving the victim as follows, and then receiving KRW 180,000,000 from the victim to receive money from the victim.

1. On December 1, 2012, the Defendant, at the victim’s house located in Gwangju Northern-gu, Gwangju-gu, the Defendant acquired money from the victim to the new bank account in the name of the said company by transfer of KRW 100,000,000 on January 11, 2013, to the effect that “the victim is running a VN business for the nationwide gas station, and the business expansion is delayed due to the shortage of funds.” If the Plaintiff borrowed KRW 100,000,000,000,000 for monthly interest to be paid for six months.”

2. On January 2013, the Defendant, at the victim’s home, obtained 20,000 won or more from 50,000 won per month from the date of securing 500,000 won or more from the 500,000 items. However, the Defendant received money from the victim on January 24, 2013 from the victim to the above new bank account by deceiving 50,000 won, where the construction business operator of the office can not carry out the construction by temporarily borrowing 50,000 won or more from the construction cost.

3. From the victim’s house around May 2014, the Defendant made a false statement to the effect that “The Defendant would repay the amount within one month if the office’s operating fund is urgently required” to the victim.

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