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(영문) 청주지방법원 2020.10.15 2018고단2490
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 6, 2018, the Defendant was sentenced to three months of imprisonment for fraud in the Daejeon District Court's Incheon District Court's Branch on June 21, 2018, and the judgment became final and conclusive on June 21, 2018.

【Criminal Facts】

"2018 Highest 2490"

1. On October 13, 2015, the Defendant: “A victim B, who is a high-ranking company in the vicinity of the Sinju-si, the head of the Sinju-si, has been operating the Sinju E-D, which is a specialized company for manufacturing a water floodgate; he/she currently operates with a doctoral degree E-D.; and entered into a contract with the government office, such as the voice group and the Silcheon-gun.

The business funds of KRW 30 million shall be lent within three months.

The term "assumed" was referred to.

However, in fact, the partnership relationship with the E doctoral degree was actually terminated on September 2015, and there was no record of concluding a contract with the Ministry of voice, Macheon-gun at the time, and there was no intention or ability to repay the borrowed money within three months since the victim should use the borrowed money for personal debt, not for business funds.

Nevertheless, on October 13, 2015, the Defendant: (a) by deceiving the victim B; (b) obtained money from the victim to the F Bank account (G) in the name of the Defendant on October 13, 2015; and (c) obtained money from the defrauded.

2. On August 18, 2016, the Defendant is bound to deposit KRW 10 million with the victim at the J office, which is the victim IED lighting business entity located in Sinju-si, Cheongju-si, without depositing the victim’s amount of KRW 10 million in the increased court.

Currently, because it is necessary to receive LED lighting construction cost from K University, it will be repaid until August 30, 2016 if it is lent money.

“...”

However, in fact, the Defendant did not perform the PED lighting work at K University and did not borrow money from the said school and did not have any intent and ability to repay the money until August 30, 2016, even if it borrowed money from the victim.

Nevertheless, on August 18, 2016, the Defendant deceivings the victim I, thereby borrowing KRW 10 million from the victim’s wife M/N account in the Defendant’s wife name.

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