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(영문) 서울중앙지방법원 2018.12.13 2018고단4709
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A worked as an inside director of Company B from around December 29, 2010 to December 2017, the Defendant was a person who worked as an adviser of Company D operated by the victim C from around August 2015 to March 2016, and the Defendant introduced E to lend money to the victim around November 2015, to allow the victim to borrow KRW 3 billion from E under the Defendant’s joint and several surety, while driving in the form of the Defendant’s adviser to borrow money from the victim as an adviser, intending to receive the payment of interest, etc. from the victim to E to urge the victim to raise additional funds or repay borrowed money.

1. On December 6, 2015, the Defendant sent the victim’s request for attracting 5 billion won by telephone from Makao in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea on December 6, 2015 “in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea, there is a need

In other words, the Defendant did not have any idea to use the money received from the injured party for attracting funds of KRW 5 billion, and rather, the Defendant was thought to use the money for personal purposes, such as gambling funds, etc., and the Defendant was transferred from the injured party to G bank passbook in the name of F in the name of the Defendant’s driver as entertainment expenses on the same day.

2. On February 29, 2016, the Defendant made a false statement to the victim by telephone at the office B located in Gangnam-gu Seoul, Seoul, that “E Chairperson should go to, pay 100 million won to the E Chairperson, and receive an extension of the due date for payment.” However, the Defendant did not think that the victim would have received the money from the victim as interest to E, and rather, the Defendant thought that the Defendant would have used the money for personal use, and the Defendant would have used it as the victim’s personal use.

3.3. Evidence received 10 million won check from the victim's home located in Gangnam-gu Seoul, through the victim's wife and the above F.

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