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(영문) 수원지방법원 2019.01.18 2017고단7457
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 28, 2017, the Defendant was sentenced to one year to a suspended sentence of six months for fraud at the Sungwon District Court's Sungnam Branch's branch, and the judgment became final and conclusive on December 6, 2017.

The Defendant, “B” from around 2011 to the end of 2016, operated a entertainment planning company, and the victims are the balancers.

On April 25, 2014, the Defendant made a false statement to the victim D to the effect that “I wish to make a male arche group in our company.” From November 2014 to February 2015, in order to prevent the transfer of a company in the middle of the contract, I will receive KRW 20 million in form. The deposit will return KRW 5 million upon the completion of the first crime, and return KRW 15 million by April 25, 2016.” The Defendant made a false statement to the effect that “I will return the remainder of KRW 15 million by April 25, 2016.”

However, at the time, the Defendant had been liable for the debt amounting to KRW 500 million from financial institutions, land owners, etc., and the security deposit received from the victim due to the difficulties in the management of the Defendant had not been used immediately in the payment of employee benefits and rents, the repayment of personal debts, etc., and there was no ability to make the victim to properly carry out the universal and safe education for the cost of carrying out the property, and even if the Defendant received the money from the victim because of the lack of the ability to pay the cash, the Defendant did not have the intent or ability to return the deposit later.

As above, the Defendant, by deceiving the victim and entering into an exclusive agreement with the victim, and deceiving the victim in the same manner five victims, including: (a) KRW 5 million from May 28, 2014; (b) KRW 5 million from May 28, 2014; (c) KRW 5 million from December 10, 2014; and (d) KRW 16 million from March 25, 2016.

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