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(영문) 울산지방법원 2015.09.24 2015고단1563
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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

The defendant is a substantial representative of D Co., Ltd. in Yongcheon-si, Chungcheongnamcheon-si, and the victim E has been aware of about 10 years prior to the victim E.

1. Around 14:00 on January 8, 201, the Defendant made a false statement to the effect that “The Defendant is engaged in the steel industry that purchases and sells steel plates and steel bars in Busan, Suwon-gu, and intends to purchase steel bars with a guarantee of payment of goods worth KRW 1 billion from the Seoul Guarantee Insurance due to the lack of the purchase cost of steel bars. If the Defendant borrowed KRW 50 million from the guarantee fee, he/she will complete payment by January 12, 201.”

However, even if the Defendant borrowed 50 million won from the victim, it was thought that it was not used as a guarantee fee in Seoul Guarantee Insurance, from the beginning, for personal debt repayment and living expenses, etc., at the time, it was assumed that it was a large amount of personal debt as a credit bad person, and since it was impossible for the employees of the company to pay it normally, there was no intent and ability to pay it even if it was borrowed from the victim.

The Defendant received from the victim one copy of the Nong Check Co., Ltd. (H) over KRW 50 million in its job.

2. Around 14:00 on January 28, 201, the Defendant made a false statement to the victim at the J hotel coffee shop located in Suwon-gu, Busan, stating, “A state under which the Defendant entered into an agreement to purchase a bath building located in the Gyeonggi-gu, Busan, and only an intermediate payment of KRW 100 million was paid to the seller by taking over the name of the building. If an intermediate payment of KRW 100 million and KRW 10 million are lent to the seller by taking over the intermediate payment of KRW 100 million and KRW 10 million, then the Defendant would have repaid KRW 160 million as well as KRW 50 million by taking out a bath as collateral and lending KRW 30 million by transfer until February 11, 2011.”

However, the defendant entered into a contract with the above bath owner and did not pay the down payment of KRW 10 million, and the part payment is made by the victim.

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