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(영문) 수원지방법원 2020.01.30 2019고단4330
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 26, 2018, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for six months at the Suwon District Court for fraud, etc. on September 1, 2018.

Around March 28, 2016, the Defendant made a false statement to the victim B of the coffee shop in Seo-gu, Seo-gu, Seo-gu, Gwangju, to the effect that “C Co., Ltd. operated by it entered into a big contract with D. Therefore, issuing a surety insurance policy to D, and lending KRW 20 million, which is used as expenses for issuing securities, to D. When issuing a surety insurance policy with the said money, the Defendant would immediately receive the down payment, and thus, he would pay the down payment.”

However, in fact, the Defendant did not enter into a contract with D at the time, and there was no down payment to be received immediately. At the time, the Defendant’s personal debt amounted to 200 million won and the C Co., Ltd.’s debt amounting to 500 million won, and even if he borrowed money from the victim, it was thought that the Defendant would have been consumed in the expenses of operating expenses, such as repayment of the existing debt and the C Co., Ltd.’s employee’s salary, so even if he borrowed money from the victim, the Defendant did not have the intent or ability to immediately repay the borrowed money

The Defendant, by deceiving the victim as such, received 19.6 million won from the victim to the corporate bank account in the name of the Defendant under the pretext of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (related to the D Contract), investigation report (related to the currency of persons related to the D Company), investigation report (related to the currency related to the D Company), and investigation report (the confirmation of the place of use of KRW 19.6 million for the

1. Details of transactions and non-performance statement;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (report attached to records of judgment, etc.), and application of statutes governing facts significantly to this court;

1. Relevant provisions concerning facts constituting an offense;

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