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(영문) 의정부지방법원 2020.02.07 2019고단3986
사기
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2015, the defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jung-gu District Court on September 24, 2015 and the judgment became final and conclusive on September

The defendant is a person who operated C, a closed World Cup Manufacturing Business Co., Ltd. in the two weeks of Gyeonggi-si.

1. On May 4, 2012, the Defendant made a false statement to the friendly victim D by phone call to “I will pay 57 million won after one month if I lend money to the friendly victim D, because there is a shortage of money in paying bills. A company is well-known and sold, and real estate is good and good, and there is a lot of real estate.”

However, in fact, the Defendant had no intention or ability to repay the money borrowed from the victim because the management of the company and the financial situation of the company have deteriorated, such as where the Defendant had been operating a business to settle the promissory note, which was purchased and issued on credit, with approximately KRW 2 billion, and KRW 7 through 800,000,000,000, and the amount payable to the customer, and the amount payable to the customer, was in excess of KRW 7 through 800,00

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 57,00,000 from the victim to the national bank account in the name of the Defendant on the same day, and received KRW 122,00,000,000 in total from around that time to April 23, 2013 as stated in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, on October 2012, at a restaurant where it is impossible to know the trade name in Jung-gu, Seoul around October 2012, the Defendant stated that “I will borrow KRW 300 million from E, and I will pay I will pay I money without money after one year after the letter of guarantee.”

However, at the time, the defendant's liability is approximately KRW 2 billion and the account payable to the business partner is about KRW 7 to 80 million.

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