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(영문) 수원지방법원 2020.02.13 2019고단1462
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. established for the purpose of construction business, etc. in the building construction business in the building B of Yeongdeungpo-gu, Seoul, and the victim E is the joint guarantor of corporate bank loans under the name of the above company.

The Defendant, on June 7, 2017, continuously demanded the victim to repay debts of KRW 150,000,000,000 to pay money. As such, the Defendant used the joint and several guarantee for corporate bank loans of the said company to receive money from the victim by receiving money from the victim.

Accordingly, on October 24, 2018, the Defendant made a telephone call with the victim at the above company office, and the victim stated that “I will pay more than KRW 90 million out of the company’s loans to the company’s bank, and to pay more than KRW 20 million to F, first of all, the Defendant would use the company’s loans to pay more than KRW 10 million as the head of G.”

However, even if the defendant receives the above money from the victim, the defendant was a plan to use the defendant's bonus and personal debt repayment that the victim did not want to pay the above debt that the victim guaranteed or to use for the monthly salary of employees.

Nevertheless, on October 25, 2018, the Defendant, by deceiving the victim due to such falsity, received 120 million won from the victim with a new bank account (H) in the name of the company on October 25, 2018, and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement of E;

1. Investigation report (the fact that this case is useful for any other purpose) and investigation report (the attachment of a written decision on non-prosecution of the relevant case);

1. Full certificate of the matters to be registered, and certificate of subscription;

1. As a result of the transfer of our bank, the defendant and his defense counsel.

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