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(영문) 수원지방법원 성남지원 2015.01.28 2014고단1312
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Justice] On March 31, 2010, the Defendant appealed to a fine of seven million won in the branch court of Suwon District Court, and on May 27, 2010, in the branch court of Suwon District Court, the Defendant was sentenced to a suspended sentence of two years for August 27, 2010. On August 17, 2010, the Defendant was sentenced to a suspended sentence of two years for a suspended sentence of eight months for fraud, etc. and the sentence becomes final and conclusive on August 27, 2010.

【Criminal Facts】

1. On July 16, 2007, the Defendant planned a business of importing ordinarys in Vietnam around April 11, 2007, and received money from the victim C to raise its business funds.

On July 16, 2007, the Defendant stated that “A deposit amount of KRW 100 million is deposited in the passbook of a term deposit in the name of (5) E in the name of the actual representative of the Plaintiff in the sale office located in Yeongdeungpo-gu, Young-gu, Young-gu, Young-gu, and that “A deposit shall be made after one week if it is lent 30 million won with the business fund.”

However, the Defendant was planned to use the above KRW 100 million for the purchase price of regular company, and there was no intent to offer it as security to the victim. At the time, the Defendant was also obligated to pay KRW 487,000,000,000, including financial rights obligations at the time. Since the Defendant was in bad credit standing, even if he borrowed money from the victim, there was no intention or ability to pay it in time.

Nevertheless, the Defendant received 29,500,000 won, immediately, from the victim, to the one bank account (F) in the name of the host.

2. On September 17, 2007, the Defendant stated that “A victim C will repay the amount after one month, if he/she lent 80 million won as business funds, as he/she is urgently required to pay the amount.”

However, at the time, the defendant did not have the intent and ability to repay the borrowed money from the victim on the ground of Paragraph 1.

Nevertheless, the Defendant, from the victim, 30.30 to the single bank account (H) in the G name immediately.

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